Terms Of Sale
All the sales are final after 30 days. 2nd Amendment 1791 LLC , gives Lifetime Warranty on all factory defects and not natural wear and tear. 2nd Amendment 1791 will evaluate the product and condition . If your warranty is accepted, you will be offered a replacement item if available, a store credit or a refund. We will discuss the action that will be taken with you after our evaluation period has completed.
1791 Gunleather utilizes responsible manufacturing practices and we rely on our customers to exercise responsible use of our products.
However, since we have no control over the use of our products once shipped, all 1791 Gunleather products are sold “as is” and “with all faults”.
The buyer assumes the whole risk as to the quality and performance of the product. In the event that the product proves defective following its purchase, the buyer assumes the entire risk of all necessary servicing or repairs.
No circumstances exist under which 1791 Gunleather or authorized retailers be held liable for either incidental or consequential damages, such as loss of use of property, commercial loss, or loss of earnings. Any previous implied or expressed warranties of merchantability and fitness for a particular purpose are excluded from this transaction and product. The determination of ongoing fitness and suitability of any product for a specific use is the responsibility of the buyer.
Variances in color saturation due to the nature of handcrafted products, may exist and may result in the actual product differing slightly from depictions in either our catalog or on our web site. 1791 Gunleather reserves the right to make changes in products built and/or sold, as needed at any time, without being required to make changes in products previously manufactured and/or sold. Prices and models are subject to change without notice. Some US states do not permit the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so, for legal reasons, the above limitations and exclusions may not apply to customers in every state.
The designs, features, and names of 1791 Gunleather products are the exclusive property of 1791 Gunleather and their subsidiaries and all persons including, but not limited to, individuals, firms, or corporations are forbidden from imitating, copying or reproducing them in any way in accordance with the legally filed copyrights and patents obtained.
Firearms Safety Information
Read Prior to Using 1791 Gunleather Products
Firearms are potentially dangerous weapons and should be kept out of the reach of children. They should be handled properly by trained individuals only. The handling or operation of a handgun may be dangerous and may result in serious personal injury or even death. It is not recommended that any person handle any firearm unless such person has successfully passed an accredited firearms safety program. Exercise great care when handling, storing, or transporting firearms.
Testing a New Holster for Proper Fit
Never holster a loaded handgun without first testing the holster with an unloaded firearm.
1791 Gunleather holsters are designed to fit factory equipped handguns and may not prove effective if modifications to the firearm have been made.
1791 Gunleather holsters are designed to function safely and are designed for specific handguns. It is recommended that the holster be used for the model for which it was intended and that no alterations be made to the holster.
1791 Gunleather will not be held responsible for typographical or other human errors that may occur.
The user accepts responsibility for checking for holster compatibility prior to using the products.
The user accepts responsibility for ongoing maintenance and regular checks of the holster and its hardware for fit and function. 1791 Gunleather will not be held responsible for handgun manufacturer changes in product. Should any 1791 Gunleather product become worn, loose, broken, defective, or ill-fitting, cease use immediately.
Carrying a Handgun
Carrying any handgun with a live cartridge in the chamber immediately in front of the firing pin may cause an accidental discharge of the firearm.
It is recommended that single action revolvers and some semi-automatic pistols be carried with the hammer or firing pin resting on an empty chamber.
It is the responsibility of the user to exercise extreme caution when handling or carrying any handgun and to assume at all times that the gun is loaded.
Do not attempt to cock a handgun while it is in the holster, as this may result in damage to the holster and gun and may result in accidental discharge.
Holstering a Firearm
The gun must be securely seated in the holster each time you holster your firearm prior to removing your hand from the grip. Firearms must fit snugly in the holster to guard against accidental loss of the handgun.
It is recommended that users place a thumb on the back of the slide to ensure that the slide does not leave the battery while holstering.
Fingers must remain off the trigger and out of the trigger guard when drawing or replacing the handgun in the holster.
It is recommended that firearms be fully seated in the holster and that all available auto and/or manual retention devices are activated. Retention straps must be used when provided.
It is not recommended that holsters be relied upon during vigorous physical activity.
It is recommended that tension units be adjusted to the appropriate tension and regularly checked on a regular basis. Safety precautions include:
• Checking your tension screws with each use.
• Applying a small amount of clear nail polish to the threads of the tension units after they have been properly adjusted will minimize screw back-out.
• Inspecting all components regularly.
Carrying a firearm is a serious responsibility that requires constant awareness and it is the responsibility of the user to exercise extreme caution during any situation.
It is recommended that law enforcement officers familiarize themselves with the departmental tactical and procedural guidelines regarding the use and carrying of firearms in a manner which guarantees their security
Conditions of Use
1791 Gunleather and other marks indicated on our site are trademarks owned exclusively by 2nd Amendment 1791 LLC. The use of these trademarks and trade dress is prohibited if used in connection with the sale of any product that is not 1791 Gunleather’s, in any manner that seeks to disparages or discredit 1791 Gunleather or in any manner that may cause confusion among our customers.
All content on this website is the exclusive property of 2nd Amendment 1791 LLC. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.
Protecting your Account
Some portions of this website permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.
License and Site Access
2nd Amendment 1791 LLC grants you (the user) a limited license to access and make personal use of this website. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of 2ndAmendment 1791 LLC. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of 2nd Amendment 1791 LLC . You are prohibited from using meta tags or any other hidden text utilizing 1791 Gunleather’s name or trademarks without the express written consent of 2nd Amendment 1791 LLC. Any unauthorized use of this websites voids the limited license granted by 2nd Amendment 1791 LLC.
Content Submitted by Site Users
If you do post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), you grant 2nd Amendment 1791 LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify 2nd Amendment 1791 LLC or its affiliates for all claims resulting from content you supply. 2nd Amendment 1791 LLC reserves the right to remove any content at our sole discretion.
Limitation of Liability
This site is provided by 2nd Amendment 1791 LLC on an “as is” and “as available” basis. 2nd Amendment 1791 LLC makes no warranties, either expressed or implied, as to the operation of the site or the content contained therein. You expressly agree that your use of www.1791gunleather.com is at your own risk.
2nd Amendment 1791 LLC cannot warrant that this site, our servers, or email communications affiliated with the use of this website, are free from viruses. 2nd Amendment 1791 LLC will not be responsible for any damages of any kind resulting from use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Redemption of Free Product and Coupon Offers
From time to time, 1791 Gunleather offers its clients special offers and discount codes to be used in conjunction with this website. These offers are frequently disseminated via this website and through email to those who have registered for our email database. They are sometimes posted on our home page (www.1791gunlether.com) or announced via other means of communication in conjunction with the promotion of the 1791 Gunleather product collection, including radio and TV broadcasts, internet forums and various online websites.
We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. 1791 Gunleather, at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of this website in order to receive several free products with your order, then we will (at our sole discretion) remove any extraneous free product from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order. Please, play fair…
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
1791 Gunleather (hereinafter, “We,” “Us,” “Our”) is offering a mobile
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are
later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE
TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of leather holsters and accessories.
Cost and Frequency: Message and data rates may apply. The Program
involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt
outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own,
capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness,
violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and 317 LABS, INC. or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination,
enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Miami, Florida before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which 1791 Gunleather’s principle place of business is located, without regard to its conflict of laws rules.
Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the
same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator
shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or
results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration
provision shall survive any cancellation or termination of your agreement to participate in any of our Programs. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations
hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to- change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
By visiting www.1791gunleather.com, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and 2nd Amendment 1791 LLC.
Changes in Policy
2nd Amendment 1791 LLC reserves the right to modify, alter, delete and update these policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions.