Terms of service
Here's the complete Terms of Service — paste the whole thing in:
OVERVIEW
Welcome to Wasatch Back Customs. The terms "we," "us," and "our" refer to Wasatch Back Customs. Wasatch Back Customs operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Wasatch Back Customs is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ELIGIBILITY
By agreeing to these Terms of Service, you represent that you are at least 18 years of age. You must be 18 or older to purchase any product through our Services. Firearms and ammunition purchases are subject to additional age requirements under applicable federal and state law, including a minimum age of 21 for handgun purchases in many jurisdictions. By placing an order, you represent that you meet all applicable age and eligibility requirements in your jurisdiction.
You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide such information. You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide accurate representations of our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device settings and configuration. We do not warrant that the appearance or quality of any product will meet your expectations or match depictions in our store exactly.
All product descriptions are subject to change without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region, or jurisdiction.
SECTION 3 - FIREARM PURCHASES AND LEGAL COMPLIANCE
All firearm purchases are subject to applicable federal, state, and local laws and regulations. By placing an order for a firearm, you represent and warrant that:
- You are legally eligible to purchase and possess the firearm in your jurisdiction
- You will comply with all applicable laws regarding the purchase, transfer, and possession of firearms
- You understand that all firearms must be transferred through a licensed FFL dealer and that a background check is required prior to transfer
- You understand that if your background check is denied, the firearm cannot be transferred to you
Wasatch Back Customs reserves the right to cancel any order at our sole discretion, including if we have reason to believe the purchase may violate applicable law. We are not responsible for any transfer fees charged by your receiving FFL dealer. Straw purchases — purchasing a firearm on behalf of another person who is prohibited from possessing a firearm — are a federal crime and are strictly prohibited.
SECTION 4 - ORDERS
When you place an order, you are making an offer to purchase. Wasatch Back Customs reserves the right to accept or decline your order for any reason at our discretion. Your order is not accepted until Wasatch Back Customs confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Wasatch Back Customs may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, change, or cancel an order, we will attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 5 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, or other applicable charges.
You agree to provide current, complete, and accurate purchase and payment information for all purchases. You agree to promptly update your account information, including email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that the payment information you provide is true, correct, and complete, that you are authorized to use the payment method provided, and that charges incurred will be honored by your payment provider.
SECTION 6 - SHIPPING AND DELIVERY
All firearms are shipped to a licensed FFL dealer of your choosing. You are responsible for selecting a valid receiving FFL dealer at the time of checkout. Wasatch Back Customs is not responsible for transfer fees, delays, or issues arising from your receiving FFL dealer.
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once products are transferred to the carrier, title and risk of loss passes to you.
SECTION 7 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof, are owned by Wasatch Back Customs or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on the Services without our prior written consent.
Wasatch Back Customs names, logos, product and service names, designs, and slogans are trademarks of Wasatch Back Customs. You must not use such trademarks without our prior written permission. All rights not expressly granted herein are reserved by Wasatch Back Customs.
SECTION 8 - OPTIONAL TOOLS
You may be provided access to tools offered by third parties as part of the Services, which we neither monitor nor have control over. We provide access to such tools "as is" and "as available" without any warranties or endorsement. We shall have no liability arising from your use of optional third-party tools. Any use of optional tools is entirely at your own risk.
SECTION 9 - THIRD-PARTY LINKS
The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party websites. If you access third-party sites, you do so at your own risk. We are not liable for any harm or damages related to your access or use of any third-party websites, products, or services.
SECTION 10 - RELATIONSHIP WITH SHOPIFY
Wasatch Back Customs is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make are made directly with Wasatch Back Customs. Shopify is not responsible for any aspect of any sales between you and Wasatch Back Customs, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Wasatch Back Customs.
SECTION 11 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read and understand our Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.
SECTION 12 - FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, or other content, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such content in any medium for any purpose, including commercial use.
You represent and warrant that you own or have all necessary rights to any feedback you submit, and that your feedback will not violate any third-party rights or these Terms. We are under no obligation to maintain your feedback in confidence, pay compensation for it, or respond to it.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 14 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, or local regulations, rules, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, intimidate, or harm any person; (e) to transmit false or misleading information; (f) to attempt to purchase a firearm on behalf of a prohibited person (straw purchase); (g) to transmit any advertising or promotional material, including spam or chain letters; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
In addition, you agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering tools, AI tools, or automated means to access the Services; or (f) interfere with or circumvent the security or authorization features of the Services. We reserve the right to suspend or terminate your account at any time if we determine you have violated any part of these Terms.
SECTION 15 - AGENTS
This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person or entity without direct supervision.
No Agent may access, use, or interact with Services unless it identifies itself and operates in strict accordance with the following requirements. No Agent may access the Services if we have requested that it refrain from doing so. We may limit, including by technical measures, whether and how any Agent accesses or interacts with the Services.
Agents must: (i) identify that the request is from an Agent and disclose the Agent name in all HTTP/HTTPS requests; (ii) not conceal or obfuscate that interactions are from an Agent by mimicking human behavior or completing CAPTCHAs; (iii) respond truthfully to any prompt seeking to determine if interactions are from a human or computer; and (iv) not circumvent any measure intended to block, limit, or control Agent access to the Services.
SECTION 16 - TERMINATION
We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy Policy.
SECTION 17 - DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU IN FULL.
SECTION 18 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, WASATCH BACK CUSTOMS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Wasatch Back Customs, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of: (1) your breach of these Terms of Service; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
SECTION 20 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms of Service, together with any policies or operating rules posted by us on the Services, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications, or proposals between you and us.
SECTION 22 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 23 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Utah. You consent to the exclusive jurisdiction of the state and federal courts located in Utah for any disputes arising under these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right to update or change these Terms of Service at any time by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be directed to:
Wasatch Back Customs
Heber City, Utah
sales@wasatchbackcustoms.com