Terms of Sale and Service

These terms and conditions (these "Terms") apply to the use of the website located at www.silencershopfoundation.com (the “Website”) as well as to the purchase and sale of products and services offered by Silencer Shop Foundation.  Silencer Shop Foundation (referred to as "us", "we", or "our" as the context may require) may modify these Terms from time to time, after providing notice to you. Any changes to the Terms apply prospectively to any transactions or services made or provided after the “Last Updated Date” referenced in the updated version. The current version of the Terms may be viewed at https://www.silencershopfoundation.com/terms-and-conditions-for-sales-and-services.  You should review these Terms before purchasing any products or services that are available through the Website. Your continued use of the Website, or subsequent purchase of goods or services, after the Last Updated Date will constitute your acceptance of and agreement to such modifications to the Terms. 

1.              Order Acceptance and Cancellation.

(a)            General.  You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.  For example, if you do not agree to these Terms, we may choose not to accept your order, in which case we will issue a refund for any amounts you paid in connection with the order.  We reserve the right to cancel your order or any portion at any time if we have reason to suspect the transaction would result in an unlawful transfer or unlawful possession of a regulated item, or for violation of these Terms.

2.              Prices and Payment Terms.

(a)             All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical or clerical errors, inaccuracies, or omissions related to pricing and availability. If such an inadvertent error occurs, we may correct any errors, inaccuracies, or omissions at any time prior to the delivery of the affected product(s) or service(s) and/or cancel any orders arising from such occurrences.

(b)           We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

(c)            Terms of payment are within our sole discretion and payment must be received by us before we accept an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

(d)           We are not responsible for third-party rebates or other promotions, regardless of whether we provide notice or advertising of such third-party rebates or other promotions, or the terms and conditions of such rebates or promotions, on our Website.  We have no obligation to fulfill such third-party offers; fulfillment is the sole obligation of the third-party offering the rebate or promotion, in accordance with its stated terms and conditions.

(e)            Title and all risk of loss pass to you upon our transfer of the products to the carrier, whether for delivery to you or to your selected dealer. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

3.              Returns and Refunds.

(a)            Items purchased from us or the Website may be returned for a full refund within 30 days of purchase if they are in the original packaging and in new, unused condition.  When possible, your refund will be credited back to the same payment method used to make the original purchase.  You are responsible for any shipping charges once the item is in the process of being shipped.

(b)           Donations.  Because donated funds may be committed to other worthy organizations through the Silencer Shop Foundation Grant Program, we do not offer refunds for donations.

(c)            Product Defects.  For defective returns, please refer to the manufacturer’s warranty included with the product or as detailed in the product’s description on our Website.

4.              No Legal Advice.  The information and materials on the Website, as well as related links, are provided for informational purposes only. They are not intended as and do not constitute legal advice and should not be acted upon as such. The materials and links are also not our legal opinions, nor are the materials represented as being all-inclusive, complete, or up-to-date.  Silencer Shop Foundation is not a law firm and does not practice law.  None of our customer support staff are attorneys and none are qualified or authorized to provide legal guidance or opinions.  Your communications with us are governed by our Privacy Policy but are not protected by an attorney-client privilege or relationship.  Our services and products are not substitutes for advice from a licensed attorney.  Any information, materials, or products you receive from us are not and will not be customized or tailored to your particular circumstances or needs based on legal analysis specific to your situation.  If you seek a legal opinion, solution, or guidance from us, these Terms are not waived by any response you might receive. You agree any information of a legal nature you solicit or receive from us or any affiliated party or employee is not a legal service, and you agree to treat any such information as unauthorized and unreliable as a legal opinion. You assume responsibility for determining and obtaining any legal representation you might require because of your use of our products and services.

5.              Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Website. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Website. However, the products and services offered on our Website may be covered by the manufacturer's warranty as detailed in the product's description on our Website, and which are included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

6.              Limitation of Liability. IN NO EVENT SHALL SILENCER SHOP FOUNDATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, LOST OPPORTUNITIES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY TRANSACTION FOR THE SALE OF GOODS OR SERVICES UNDER THIS AGREEMENT, ANY PROVISION OR FAILURE TO PROVIDE GOODS OR SERVICES, OR ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM AGAINST US WHATSOEVER, INCLUDING YOUR OR OUR NEGLIGENCE, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU PURCHASED FROM US OR THE AMOUNT OF THE DONATION YOU MADE TO SILENCER SHOP FOUNDATION.

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to liability resulting from our gross negligence or willful misconduct.

7.              Goods Not for Resale or Export. If you are not a Federal Firearms Licensee, you represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

8.              Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, available on our Website, governs the processing of all personal data collected from you in connection with your donations, or your purchase of products or services through the Website.

9.              Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

10.           Governing Law and Jurisdiction. The Website are operated from the US. All matters arising out of or relating to these Terms or any sale or provision of goods or services by us to you are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.

11.           Dispute Resolution and Binding Arbitration.

(a)           YOU AND Silencer Shop FOUNDATION ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, DATA PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES FROM US, OR PROVISION OF DATA TO US OR MAINTENANCE OF DATA BY US (INCLUDING PERSONAL IDENTIFIABLE INFORMATION, BIOMETRIC DATA, OR OTHER CONFIDENTIAL OR SENSITIVE INFORMATION), WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION AS DESCRIBED IN THIS SECTION.

(b)           The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

The arbitrator shall award the prevailing party its reasonable attorneys’ fees, including reasonable fees for work performed by in-house counsel, as well as the amount of the arbitrator’s fees and any other costs of arbitration.  In the event of a split ruling, the arbitrator shall split the award of such costs and fees in accordance with each party’s respective success.

(c)            You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SILENCER SHOP FOUNDATION WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.  If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

(d)           No amendment of this Section, titled Dispute Resolution and Binding Arbitration, shall apply to any claim, dispute, or controversy of which Silencer Shop Foundation had actual notice on the date of amendment.

12.           Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

13.           No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Silencer Shop Foundation.

14.           No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

15.           Notices.

(a)            To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b)           To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Silencer Shop Foundation, c/o Legal Department, 17414 FM 1431, Leander, TX 78641. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

16.           Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

17.           Entire Agreement. These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Last Updated: July 24, 2025