Proprietary Firearms Transactions
- Provisions regarding required background check and compliance with applicable law.
Anyone who is legally allowed to own firearms is allowed to buy them here. You do not have to be a licensed dealer to buy a firearm. If you are not a licensed firearm dealer (also called an “FFL”), you must make arrangements with an FFL (i.e., “gun store” or “gun shop”) in your state of residence to receive the firearm and transfer it to you. You must make arrangements with your FFL before purchasing a firearm on this website. By contacting the FFL before purchasing, you can verify that all state and federal laws will be observed. For most firearms, you must be able to pass a Federal (and in some cases, state) background check. It is your responsibility, not Vigilant Gear LLC’s, to be in compliance with all Federal, state, and local laws when using this site to purchase and receive products.
You, as purchaser and ultimate transferee, bear the sole responsibility for ensuring that your purchase and use of the firearm complies with all applicable local, state, and federal laws and regulations.
You, as purchaser and ultimate transferee, certify that you are of legal age to purchase firearms.
Please note a 10% restocking fee will be charged if your item is not picked up. A fee would not apply if your item is incorrect, damaged, or a failed background check occurs.
- Provisions regarding general obligations (safety, handling, etc.)
WARNING: At all times the first concern of every firearm owner should be safety. Follow all instructions on the proper handling and safe use of this product. If you feel uncertain about any operational aspects of your Vigilant Gear LLC product, please contact Vigilant Gear LLC BEFORE proceeding with its operation. If you are unfamiliar with the proper use of the product, you should seek formal training BEFORE using the product.
YOU MUST FOLLOW ALL APPLICABLE OPERATING INSTRUCTIONS AND SAFETY RULES SET FORTH IN YOUR OWNERS MANUAL TO ENSURE THE SAFE USE OF YOUR VIGILANT GEAR LLC PRODUCT. THE FAILURE TO FOLLOW THE OPERATING INSTRUCTIONS AND SAFETY RULES, OR IF YOU CARELESSLY OR IMPROPERLY HANDLE THE FIREARM, COULD RESULT IN INJURY OR DEATH TO YOU OR OTHERS AND/OR DAMAGE TO PROPERTY.
- Provisions regarding installment sales.
If you are paying the purchase price in installments, you must do so by credit card and you authorize Vigilant Gear LLC to automatically process your credit card on the _____of each month until such time as the purchase price is paid in full.
If an installment payment is declined, you will be assessed a late charge of two percent (2%) of the installment and your receipt of any and all Vigilant Gear LLC benefits will be automatically and immediately terminated. Vigilant Gear LLC will notify you by email of any such termination. Your receipt any Vigilant Gear LLC benefits will be reactivated upon your payment of the full balance of the remaining purchase price plus any late charge. If you fail to pay the full balance of the remaining purchase price, Vigilant Gear LLC will exercise all rights under state and federal law (including ATF regulations).
Firearms Training Session Transactions
ASSUMPTION OF RISK & RELEASE
BY VOLUNTARILY PURCHASING AND PARTICIPATING IN THIS FIREARMS TRAINING COURSE (“YOUR TRAINING”), YOU UNDERSTAND, ACCEPT AND AGREE TO THE FOLLOWING:
- YOU MUST READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW.
- Your Training will be provided by a third-party instructor (“Instructor”) other than Vigilant Gear LLC. You understand and acknowledge that the Instructor, and not Vigilant Gear LLC, is responsible for Your Training.
- Your Training will be conducted at a location chosen exclusively by you and the Instructor, and may occur in a shooting range (outdoor or indoor), classroom, and/or other setting and may include the use of firearms and live ammunition. You understand and acknowledge that Vigilant Gear LLC will not own, control or have access to the locations at which Your Training will occur.
- Shooting and related activities are dangerous, and involve both known and unknown risks that could result in damage or destruction of property and physical or emotional injury, including paralysis or death, of you or of other persons. These risks cannot be eliminated and include, but are not limited to:
- Gun shot injuries
- Partial or total loss of eyesight or hearing
- Inhalation or other harmful contact with lead or other contaminants
- Injuries from falling debris
- Injury to self or others from mistakes in gun handling, such as injuries to fingers
- You are in good physical health and do not suffer from any disability that would prevent you from safely participating in Your Training, including shooting or related activities.
- You are at least twenty-one (21) years of age, and are not prohibited by state or federal law from owning, possessing, or using firearms. You are not:
- A fugitive from justice
- Under indictment for or have been convicted of a felony offense of violence or a felony offense involving a drug of abuse whether violent or not, or having a similar juvenile record
- A drug dependent, in danger of becoming drug dependent, an unlawful user of a controlled substance or addicted to such controlled substance, or a chronic alcoholic
- Formerly adjudicated a mental incompetent or defective or committed to a mental institute involuntarily
- Formerly convicted of a crime that had the potential of more than one year in prison
- An illegal alien of the United States of America
- Formerly been discharged from the United States Armed Forces under dishonorable conditions
- Formerly renounced one’s United States Citizenship
- Currently or formerly under a civil protection order
- Formerly convicted of a crime that involves an element of use, threatened use or attempted use of physical force (i.e. violence) and that involves a victim who is a former spouse, parent, ward (whereby Student was the ward’s guardian), with whom there is a child in common, with whom there was cohabitation, or any similarly situated person.
- Neither Vigilant Gear LLC nor your Instructor has a duty to undertake first-aid or medical treatment in the event that you or someone else suffers injury from any risk or hazard related to Your Training, including but not limited to, the risks identified in number 4 above.
- YOU ACCEPT YOUR TRAINING AND THE INSTRUCTOR’S TRAINING METHODS AS IS. NEITHER VIGILANT GEAR LLC NOR INSTRUCTOR MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING TRAINING METHODS, YOUR COMPLIANCE WITH APPLICABLE LAWS, OR YOUR OR ANY OTHER PERSON’S PHYSICAL SAFETY. NEITHER VIGILANT GEAR LLC NOR INSTRUCTOR MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING THE DESIGN, MANUFACTURE, MAINTENANCE, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF ANY TRAINING LOCATION OR RANGE OR TRAINING-RELATED EQUIPMENT, INCLUDING BUT NOT LIMITED TO: FIREARMS, AMMUNITION, EYE/HEARING PROTECTION AND FIRST AID SUPPLIES. VIGILANT GEAR LLC AND INSTRUCTOR EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- BY PARTICIPATING IN YOUR TRAINING, YOU ASSUME ALL RISKS AND LIABILITIES ASSOCIATED WITH YOUR TRAINING, BECAUSE YOU UNDERSTAND THE RISKS ASSOCIATED WITH THE HANDLING AND USE OF FIREARMS (WHICH RISKS ARE DISCUSSED IN MORE DETAIL ABOVE). YOU ASSUME ALL RISKS OF ACCIDENT OR INJURY, AND RELEASE AND FOREVER DISCHARGE VIGILANT GEAR LLC AND YOUR INSTRUCTOR, AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AFFILIATES, ASSIGNS, AND AGENTS FROM ANY AND ALL LIABILITY FOR ANY ECONOMIC AND NON-ECONOMIC LOSSES DUE TO BODILY INJURY, DEATH, OR PROPERTY DAMAGE IN ANY WAY RELATED TO YOUR TRAINING, WHETHER SUCH LIABILITY IS CAUSED IN ANY PART BY THE NEGLIGENCE OF VIGILANT GEAR LLC, THE INSTRUCTOR, OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AFFILIATES, ASSIGNS, AND AGENTS.
- ON BEHALF OF YOURSELF, AND YOUR CHILD(REN), HEIRS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, OR ANY ASSIGNS, AGREE THAT YOU SHALL NOT BRING ANY CLAIMS, DEMANDS, LEGAL ACTIONS, AND CAUSES OF ACTION AGAINST VIGILANT GEAR LLC OR YOUR INSTRUCTOR, NOR THEIR EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AFFILIATES, ASSIGNS, AND AGENTS FOR ANY ECONOMIC AND NON-ECONOMIC LOSSES DUE TO BODILY INJURY, DEATH, OR PROPERTY DAMAGE IN ANY WAY RELATED TO YOUR TRAINING.
- Should Vigilant Gear LLC, your Instructor, and their employees, officers, directors, owners, affiliates, assigns, and agents be required to incur attorneys fees and costs to enforce these terms and conditions, you, on behalf of yourself and your child(ren), heirs, administrators, personal representatives or assigns agree to indemnify and hold them harmless for all such fees and costs.
- If there are any disputes regarding these terms and conditions or related in any way to Your Training, you waive any right you may have to a trial, and agree that such dispute must be brought within one year from the date you agree to these terms and conditions, and will be determined by binding arbitration before one arbitrator to be administered by JAMS pursuant to its comprehensive arbitration rules and procedures. You further agree that such arbitration will take place in Idaho and the substantive law of Idaho shall apply. If, despite these representations, you or someone on your or your child(ren)’s behalf file or otherwise initiate a lawsuit against Vigilant Gear LLC, your Instructor, and their employees, officers, directors, owners, affiliates, assigns, and agents, in addition to your agreement to defend and indemnify them, you agree to pay, within sixty (60) days, liquidated damages in the amount of $5000.00 to Vigilant Gear LLC. You further agree that, in the absence of liquidated damages, the injury caused by a breach of this provision is difficult to estimate. Additionally, this liquidated damages amount is not a penalty, and $5000.00 is a reasonable pre-estimate of probable loss.
- You grant Vigilant Gear LLC and your Instructor a worldwide non-revocable license and right of use of your name, voice, photograph, image and likeness, and any and all other distinctive and identifying indicia, for the sole purpose of marketing, advertising and selling of Vigilant Gear LLC’s and Instructor’s services and products.
- These terms and conditions are governed by and construed in accordance with the laws of the State of Idaho.
- These terms and conditions may be amended only by a written instrument signed by you, Vigilant Gear LLC, and your Instructor.
- If any of these terms and conditions is held to be legally invalid or unenforceable, such invalidity or unenforceability will not render the other terms and conditions invalid or unenforceable. Rather, these terms and conditions will be construed as if not containing the particular invalid or unenforceable provision(s).
These terms and conditions constitute a final written expression of all the terms and conditions related to Your Training, and is a complete and exclusive statement of those terms and conditions.
IN ORDER TO PROTECT YOUR FAMILY, INTERESTS AND FREEDOM, IT IS ESSENTIAL THAT YOU CAREFULLY AND FULLY UNDERSTAND THE SELF-DEFENSE AND USE OF DEADLY FORCE LAWS IN YOUR HOME STATE, AND WHEN AND IN WHAT CIRCUMSTANCES YOU CAN LAWFULLY USE A FIREARM. BY DOING SO, YOU ARE ACTING RESPONSIBLY AND HELPING ALL OF US TO PRESERVE THE SECOND AMENDMENT AND OUR ESSENTIAL AND INALIENABLE RIGHT TO SELF-DEFENSE.