TERMS & CONDITIONS
Date of Last Revision: August 29, 2020
Welcome to the Evolution X Defense Web Site (“Site”). Please review the following basic terms that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the “Agreement”).
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Evolution X Defense, and its subsidiaries and/or affiliates. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Evolution X, Evolution X Defense and all other trademarks appearing at this Site are trademarks of Evolution X Defense and its subsidiaries. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Evolution X Defense on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Evolution X Defense property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Evolution X of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Evolution X Defense will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Evolution X Defense is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
From time to time there may be information on evolutionxdefense.com website that contains typographical errors, inaccuracies, or omissions, including, but not limited to, errors in pricing and inventory. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, including cancelling the order if necessary. We apologize for any inconvenience this may cause you.
Unless otherwise stated, sale prices on Evolution X guns are valid on in-stock items and only available while quantities last.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which Evolution X Defense does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT EVOLUTION X DEFENSE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Neither Evolution X Defense nor any advertising or marketing through our company models or encourages unsafe or illegal conduct. For safe use of firearms always follow manufacturers guidelines and use in a lawful manner. Evolution X Defense makes no claim or warranty of the suitability of any firearm for offensive combat or intent that a firearm could be used to cause harm, and specifically represents that all firearms are intended to be used for lawful, moral and scrupulous purposes.
This Site is controlled and operated by Evolution X Defense from its offices in Las Vegas, NV. This Agreement shall be construed in accordance with the laws of the State of Nevada, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Nevada.
This Agreement is effective unless and until terminated by either you or Evolution X Defense. You may terminate this Agreement at any time. Evolution X Defense also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Evolution X Defense’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Evolution X Defense, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
CHECKOUT TERMS & CONDITIONS
I hereby certify that I have read and agree to the Customer Affidavit and the statements contained therein and that I am 18 or older if I am purchasing a rifle or shotgun and/or ammunition to be used in a rifle or shotgun and 21 or older if I am purchasing a handgun or ammunition to use in a handgun. In the event that any of the statements in the Customer Affidavit are determined to be untrue, I will release, hold harmless, indemnify, and pay to defend Evolution X Defense (DBA evolutionxdefense.com) and its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution. I understand it is my full responsibility to make sure the firearm, ammunition or accessories I am purchasing is legal for me to own in my state or jurisdiction. (Check your local and state laws here: https://www.atf.gov/firearms/state-laws-and-published-ordinances-firearms-32nd-edition) I further agree that any disputes will be governed by the laws of the State of Nevada and that any proceedings will take place in Clark county. By checking the Terms & Conditions box below I agree that I am legally allowed to own the items in my shopping cart as detailed above. The average fee tends to be around $25 but please check with your chosen FFL dealer about transfer fees.
I certify that I have read and agree to the following safety rules when handling a firearm, ammunition or firearm accessory: http://training.nra.org/nra-gun-safety-rules.aspx
1. ALWAYS keep the gun pointed in a safe direction.
This is the primary rule of gun safety. A safe direction means that the gun is pointed so that even if it were to go off it would not cause injury or damage. The key to this rule is to control where the muzzle or front end of the barrel is pointed at all times. Common sense dictates the safest direction, depending on different circumstances.
2. ALWAYS keep your finger off the trigger until ready to shoot.
When holding a gun, rest your finger on the trigger guard or along the side of the gun. Until you are actually ready to fire, do not touch the trigger.
3. ALWAYS keep the gun unloaded until ready to use.
Whenever you pick up a gun, immediately engage the safety device if possible, and, if the gun has a magazine, remove it before opening the action and looking into the chamber(s) which should be clear of ammunition. If you do not know how to open the action or inspect the chamber(s), leave the gun alone and get help from someone who does.
When using or storing a gun, always follow these NRA rules:
* Know your target and what is beyond.
Be absolutely sure you have identified your target beyond any doubt. Equally important, be aware of the area beyond your target. This means observing your prospective area of fire before you shoot. Never fire in a direction in which there are people or any other potential for mishap. Think first. Shoot second.
* Know how to use the gun safely.
Before handling a gun, learn how it operates. Know its basic parts, how to safely open and close the action and remove any ammunition from the gun or magazine. Remember, a gun’s mechanical safety device is never foolproof. Nothing can ever replace safe gun handling.
* Be sure the gun is safe to operate.
Just like other tools, guns need regular maintenance to remain operable. Regular cleaning and proper storage are a part of the gun’s general upkeep. If there is any question concerning a gun’s ability to function, a knowledgeable gunsmith should look at it.
* Use only the correct ammunition for your gun.
Shipping & Delivery:
All firearms will be shipped to an FFL dealer specified by you. We cannot ship any firearms directly to you.
We use a combination of shipping carriers depending on the type of item purchased as well as the State the item is being shipped. Most handguns are shipped priority 2-Day, with all other items typically shipped Ground. Some items, such as handguns and ammunition, may not be legal to ship to your State. Please check local and state laws prior to purchasing. It is YOUR responsibility to check your local laws prior to placing an order. All firearms will be shipped to an FFL holder in your state for transfer. They will typically charge a nominal fee for the transfer that you will be responsible for paying. All Flat Rate shipping charges are applicable to the lower 48 States. If you are outside if this area please email us for a quote prior to purchase. All Powder and Primer orders will incur an additional $40 hazardous shipping fee. This fee will be billed separately from your initial order. Powder and Primers CAN NOT be shipped in the same order. A hazardous shipping fee will applied to each order. Oversized accessories, this does not apply to firearms, may incur an extra shipping charge. If you have a question on shipping charges please ask and we will be happy to let you know prior to making the purchase
Returns are NOT allowed for firearms or ammunition. Returns are accepted for merchandise that is defective unless it has been modified or installed in a build (those items will be subject to manufacturer warranty). EvolutionXDefense.com will provide a refund or exchange on all other accessories found defective provided that the customer notifies us of the defect within 5 days of the item being delivered. EvolutionXDefense.com will also arrange for the defective items to be picked up and returned to us by the original shipper. Please do not return packages prior to receiving a return authorization. Please use the contact us form to receive a return authorization.
Returns on firearms that have been transferred to you are not allowed. We do understand that some manufacturer defects may not be identifiable upon initial inspection, however by purchasing a firearm from us, you agree that upon discovering a defect in your transferred firearm that you will work with the manufacturer for replacement or repair (in accordance with their warranty policy).
Should the need arise; orders can be cancelled with no charge up until they have shipped, so please contact us immediately if you need to cancel an order. If an order cancellation request occurs after the order has shipped, it is agreed that the customer will incur a 20% restocking fee.. This is to help offset costs incurred by EvolutionXDefense.com. We reserve the right to cancel an order at any time due to error.
To view and track your order please login using your user name and password and click on the “Track My Order” link at the top of the page. If you have any issues please contact Customer Service using the contact us Form.
Updating Account Information:
To update your account information please login using your user name and password and click on the “My Account” link at the top of the page. If you have any issues please contact Customer Service using the contact us Form.
By supplying your email address, you agree to receive emails from us. You may unsubscribe at any time if you no longer wish to receive such emails by following the “Unsubscribe” link at the bottom of each email.