- SHT shall refer to Smokin’ Horny Toad LLC and its suppliers and partners.
- WEBSITES shall refer to the following domains: smokinhornytoad.com as well as the Smokin Horny Toad Facebook page. Smokin’ Horny Toad LLC has no authority and bears no responsibility for any other Internet content even if WEBSITES link to said content.
- CUSTOMER shall refer to anyone obtaining products, services, or information from Smokin’ Horny Toad LLC from any source including but not limited to WEBSITES, email, phone, or in-person. It shall also refer to anyone using WEBSITES for any purpose including simple information gathering.
- You agree to use our WEBSITES only for purposes that are permitted in the TERMS set forth in this document.
- You agree that you will not access or attempt to access WEBSITES except through the interfaces provided by SHT unless you have written permission from an authorized SHT representative.
- You agree not to access or attempt to access WEBSITES through automated means including but not limited to scripts and web crawlers.
- You agree not to engage in any activity that may interfere with operation or functionality of WEBSITES or related servers and networks, or to engage in any attempt to gain non-public information about the workings thereof.
- You agree that you are solely responsible for any breach of your obligations and agreements of the TERMS in this document, and for the consequences thereof (including but not limited to financial or other damages and civil and criminal liability arising from your actions).
- You assume all liability for any damage, including damage to SHT, for damage or loss of business resulting from attempts to gain non-public knowledge about SHT systems and infrastructure, for attempts to disrupt SHT services, and for other activities including but not limited to Denial of Service attacks that are commonly recognized as hacking.
IDENTITY THEFT, MISREPRESENTATION, FALSIFICATION, AND IMPERSONATION
You assume full liability including civil and criminal liability for any damage or breach of law or trust that results from an attempt to impersonate someone else (especially a law enforcement officer or government official) or to explicitly or implicitly misrepresent your identity for any purpose including but not limited to purchasing equipment with an unauthorized payment method (“identity theft”) or acquiring products that you are not legally allowed to possess. SHT takes such attempts very seriously and will actively pursue violators to the maximum extent allowed by law. SHT reports all violations and suspected violations to the FBI and other agencies. Impersonation of a police officer is a federal offense with severe criminal and potentially civil penalties.
Furthermore, you are solely responsible for any attempts to falsify or misrepresent your authorization to purchase or own restricted equipment including but not limited to certain ammunition and magazines. SHT reports all such attempts and suspected attempts to law enforcement.
You certify that you are legally able to agree to this contract. SHT cannot be liable for any usage of WEBSITES not in accordance with TERMS in this document, or for usage by minors or anyone else unable to make.
RESTRICTED ITEMS AGREEMENT
By using WEBSITES, you agree that you understand that some of our products and services, including but not limited to magazines and ammunition, are restricted, controlled, or banned in some states and areas. You agree that you have familiarized yourself with any such applicable laws and regulations and that you are solely responsible for any breaches thereof arising from your use of WEBSITES. You agree to indemnify and hold SHT harmless for any breach of local, state, or federal law arising from your use of WEBSITES. You specifically agree that, while SHT makes every effort to block and cancel orders that violate applicable laws, you still bear sole legal responsibility for knowing laws in your area and abiding by them and agree to hold SHT harmless for any violations.
DANGEROUS ITEMS AGREEMENT
By using WEBSITES, you agree that you understand that some items offered by SHT are dangerous. These items include but are not limited to ammunition and other tactical gear. You agree that any property damage, physical harm, civil and/or criminal liability, and any other problems arising from the use of products purchased from SHT are the sole responsibility of the purchaser or user and that SHT bears no responsibility for any such problems or liabilities.
MARKETING DATA AGREEMENT
You agree that the marketing information presented on WEBSITES and other marketing materials is provided by their respective manufacturers and that SHT is not responsible for their content. While SHT makes every effort to ensure that all our materials are accurate and up to date, we can make no guarantees to that effect. Due to human error, lag time inherent in our product feed, and other factors, we cannot guarantee that all information is current, accurate, or complete, nor can we assume responsibility for errors. In the event of an incorrect price listing on WEBSITES, SHT shall at its sole discretion have the right to refuse or cancel any order for said product and correct the false information. SHT likewise assumes no responsibility for information found on other sites including the sites of affiliates, partners, and suppliers.
ORDER PROCESSING AND SHIPMENT POLICY
Other orders are usually processed within 24-48 hours.
After processing is complete, shipping time is dependent upon the shipping method selected at checkout.
Precise delivery times to Alaska and Hawaii cannot be precisely determined.
Please note that above estimates of processing times are subject to availability and may also be affected by any problems with payment verification.
Smokin’ Horny Toad LLC does not ship firearms to any foreign country or US territory.
PRODUCT TESTING AND WARRANTY
Tactical equipment is provided to us by our suppliers and is covered by their respective warranties and terms and conditions. SHT ships such items in their original condition from its suppliers and does not perform any product testing.
PHYSICAL DAMAGE POLICY
Any physical damage to any product purchased from SHT will void warranty coverage. SHT and its partners and suppliers cannot be held responsible for any damage to any product arising from improper or non-standard usage, or for problems arising from attempts to service equipment that is not meant to be user-serviceable.
TECHNICAL AND PRODUCT INFORMATION SUPPORT POLICY
SHT does not provide any sort of support – technical, informational, or other – for tactical equipment. We cannot offer advice on usage, technical problems, or product recommendations. We post information from the manufacturer for your convenience. Please contact the manufacturer directly for all questions related to their products. You may contact SHT for questions about our WEBSITE and other issues pertaining directly to our company.
SHT does not sell back ordered merchandise. There are substantial lead times on some items due to low volume and the often custom-made nature of those items. However, SHT does not allow tactical equipment orders to be placed we or our partners or suppliers have the equipment physically in stock in a warehouse. Occasional inventory discrepancies may occur due to a lag time between inventory updates from our suppliers, inaccurate inventory counts, and other errors. In those instances, you will be notified as soon as SHT is aware of the problem and your order will be either refunded or held until the item is in stock and we are able to ship it. SHT will generally refund payment under such conditions but may at its sole discretion choose to hold the order and ship it as soon as the item is in stock. SHT will choose this option generally when the item is expected to be back in stock and shippable within 3 business days. SHT may also opt to give the customer a choice between those options.
All online transactions are processed using industry-standard security protocols and procedures. Information in our offices is handled only by trusted, authorized company employees. Your information is never shared with third parties except as required for billing, customer service or legal purposes. We do not sell customer information to third parties for any purpose. Furthermore, we do not engage in unsolicited mass communications generally known as spam. We will only use your contact information to communicate relevant information about your order, and occasionally update you on our company and its products and services.
ORDER CHANGE/CANCELLATION POLICY
You may request changes to or cancellations of your order provided the order has not already been processed. Cancellation(s) after the order is/are charged may be subject to a processing fee up to 6%. This reflects the cost to SHT of canceling an order (we pay merchant services fees when we bill you and again when we refund your money). Orders that have already been shipped cannot be canceled.
PRODUCT CHANGE POLICY
SHT’s suppliers may occasionally change or update their products. SHT presently has no way to reflect this information except through our product data feeds and other manufacturer-supplied updates, which may or may not happen in a timely manner. Consequently, SHT assumes no responsibility for such updates, but problems may be able to be resolved by contacting the manufacturer directly.
DAMAGED/DEAD ON ARRIVAL/MISSING PRODUCT POLICY
If your order arrives damaged or dead on arrival or if it does not arrive within the scheduled timeframe, it is your responsibility to notify SHT using the contact information on WEBSITES within seven (7) business days of the expected arrival date given by the shipper (USPS, UPS, FedEx, or other). SHT will not be liable for any shipped problems that aren’t promptly reported within the scheduled timeframe, although they may still be covered by a manufacturer warranty. In any case, SHT’s liability shall be limited to $100 unless CUSTOMER has requested and paid for additional shipping insurance.
All equipment sold through SHT is in no way supported by SHT. SHT is a distributor only. Tactical equipment may be covered by a manufacturer warranty; such warranties should be handled directly through the manufacturer. All equipment is sold in as-is condition with zero liability on the part of SHT. All used firearms and equipment are sold in as-is condition with zero liability on the part of SHT.
LIMITATION OF LIABILITY
In all circumstances SHT’s maximum liability is limited to the purchase price of the products sold. SHT shall not be liable for a claim or action in contract, tort, indemnity, or contribution, or other claims relating to the product it sells which exceeds this liability limit. SHT shall not be liable for any third-party claims or damages against the customer or for any other liability, even if SHT has been made aware of the possibility of such liabilities, claims, or damages.
CALL RECORDINGS POLICY
SHT does not consent to having any phone call recorded. We reserve the right to terminate any call that is being recorded. You agree not to record any call with SHT unless you have provided clear and conspicuous notice to us at the beginning of the call, and have prior written consent from SHT.
GOVERNING LAW AND JURISDICTION
Any dispute arising out of or related to these TERMS or the sales transaction between the Customer and SHT shall be governed by the laws of the State of Texas, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. SHT and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Texas to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against SHT that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Tennessee law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These terms and conditions, together with SHT’s invoice regarding the products ordered by Customer, are the complete and exclusive agreement between SHT and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between SHT and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.