You swear and affirm that the following statements are true and correct:
I am twenty-one (21) years old or older.
www.persistentmotivationtx.com is not violating any state or local laws by selling ammunition and/or firearm accessories to me and/or having it delivered to me.
I will not under any circumstances export any item or items purchased from www.persistentmotivationtx.com.
I am not a fugitive from justice nor have I ever been a fugitive from justice.
I am not under indictment for and have never been convicted in any court of law of a crime punishable by imprisonment for over a year.
I have never been nor am I expected to be convicted in any court of a misdemeanor or felony crime of domestic violence.
I am not an unlawful user or addict of any controlled substance.
I have never been adjudicated as mentally defective and/or been committed to any mental institution.
I am not an unlawful or illegal alien.
I am not a nonimmigrant alien.
I have not renounced my U.S. citizenship.
I have never been discharged from any United States armed forces under dishonorable conditions.
I will use products purchased from Persistent Motivation of Texas, Inc for lawful purposes only.
You agree if any of the above statements are determined to be false or incorrect, you will release, defend, indemnify, and hold harmless Persistent Motivation of Texas, Inc and all of its affiliates, subsidiaries, parent companies, owners, agents, offices, and employees from and against any potential civil and criminal liability or prosecution.
By accepting delivery of any item delivered from Persistent Motivation of Texas, Inc ("Persistent Motivation of Texas"), you ("Customer") have sworn to and affirmed the Customer Affidavit listed above and you agree to be bound by the terms and conditions listed below. You and Persistent Motivation of Texas agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Persistent Motivation of Texas. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these Terms and Conditions carefully each time you place an order with, or accept delivery of any goods from Persistent Motivation of Texas.
I FULLY, WITHOUT RESERVATION OR CONDITION, AGREE TO ABSOLVE AND HOLD HARMLESS AND INDEMNIFY PERSISTENT MOTIVATION OF TEXAS, ALL EMPLOYEES, AGENTS OR ANY IN PART THEREOF FROM ALL INJURIES RESULTING IN ANY WAY FROM THE PURCHASE, USE, POSSESSION, DISTRIBUTION, SALE/RESALE, TRANSPORTATION, HANDLING AND/OR STORAGE OF MERCHANDISE OR ITEMS/SUBSTANCES MADE FROM SAME; (G) I FURTHERMORE AGREE TO REIMBURSE PERSISTENT MOTIVATION OF TEXAS, OR ANY AGENT THEREOF FOR ANY AND ALL COST, FEES OR EXPENSES IN DEFENSE OF ANY CLAIMS OR JUDGEMENTS THAT MAY ARISE AS A RESULT FROM THE PURCHASE, TRANSPORTATION, HANDLING, POSSESSION, STORAGE, SALE/RESALE AND/OR USE OF MERCHANDISE ORDERED.
1. SHIPPING RESTRICTIONS FOR AMMUNITION
The following additional shipping restrictions apply:
a. We do not ship ammunition to PO boxes.
b. AK/HI/P.R./V.I.: No shipping.
c. CA: No shipping.
d. CT: No shipping.
e. IL: No shipping.
g. NJ: No shipping.
h. NY: No shipping.
i. Washington DC: No shipping.
Persistent Motivation of Texas does not ship to any area within the United States where prohibited by federal, state, or local law to ship our products. Customer also understands that if Customer attempts to have products shipped to these restricted areas, Customer’s order will be cancelled and will be subject to paying a 10% cancellation fee.
2. RETURN MERCHANDISE PROCEDURE
To return an item to Persistent Motivation of Texas, Customer must obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the item.
What Is The RMA Process?
Once issued, RMA numbers are valid for 30 days within which return items must be received by Persistent Motivation of Texas. RMA numbers will not be extended or reissued. Customer should write the RMA number(s) on the shipping label of boxes containing the returned item.
Customer is solely responsible for shipping any returned item to Persistent Motivation of Texas. Customer agrees to use only legitimate commercial carriers that will provide proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return item during return shipment. Customer agrees that all returned items will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned item is missing, Persistent Motivation of Texas' Return Merchandise Procedure will be breached and Persistent Motivation of Texas may in its sole and absolute discretion reject the entire return or choose to impose additional charges against Customer for replacement of the missing component(s).
ALL ITEMS SOLD "AS-IS" OR "WITH ALL FAULTS". PERSISTENT MOTIVATION OF TEXAS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED ON THIS WEB SITE OR OTHER SITES "HOT LINKED" TO THIS SITE, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERSISTENT MOTIVATION OF TEXAS BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, BUSINESS INTERRUPTION, SALES, OR PROFITS, WHETHER IN A CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF ACCESS TO, USE OF, OR IN CONNECTION WITH THE USE, INABILITY TO USE, ACCURACY, SUITABILITY, OR PERFORMANCE OF THIS INFORMATION, EVEN IF PERSISTENT MOTIVATION OF TEXAS IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER.
ANY CLAIM RELATED TO THE INFORMATION ON THIS WEB SITE WILL BE GOVERNED BY THE LAWS OF TEXAS WITHOUT REGARD TO CONFLICTS OF LAW RULES. IN THE EVENT OF ANY DISPUTE REGARDING THIS WEB SITE, THE PARTIES IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN THE COURTS IN HARRIS COUNTY IN THE STATE OF TEXAS, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A STATE CLAIM INVOLVING THIS AGREEMENT OR WEB SITE AND TO THE FEDERAL DISTRICT COURTS, DISTRICT OF TEXAS, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A FEDERAL CLAIM INVOLVING THIS AGREEMENT OR WEB SITE.
4. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES PERSISTENT MOTIVATION OF TEXAS' MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE ITEMS SOLD. PERSISTENT MOTIVATION OF TEXAS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE ITEMS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. PERSISTENT MOTIVATION OF TEXAS SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT PERSISTENT MOTIVATION OF TEXAS HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
5. GENERAL TERMS AND CONDITIONS
Orders: An order is not binding upon Persistent Motivation of Texas until it is accepted. Persistent Motivation of Texas must receive payment before it will accept an order. Payment for item(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Persistent Motivation of Texas. Customer agrees to pay the amount(s) due as specified on the invoice, and Customer agrees to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Shipping Charges are determined by the weight and size of Customer items, number of packages, and Customer delivery zip code. The final charge for shipping will appear at the end of Customer’s transaction.
Title and Risk Of Loss
Persistent Motivation of Texas will arrange for shipment of ordered item(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning Title to the item(s) and Risk Of Loss passes to the Customer upon delivery to the carrier. Persistent Motivation of Texas reserves a purchase money security interest in the item(s) until its receipt of the full amount due. Customer agrees to allow Persistent Motivation of Texas to sign appropriate documents on Customer's behalf to permit Persistent Motivation of Texas to protect its purchase money security interest. Persistent Motivation of Texas will advise Customer of estimated shipping dates, but Persistent Motivation of Texas will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Persistent Motivation of Texas and Customer 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. Persistent Motivation of Texas and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Texas, Harris County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. All disputes, including lawsuits, arbitrations, mediations, and legal proceedings of any kind, must be conducted on an individual basis. Customer may not consolidate claims or litigate, arbitrate, or mediate any claim as a representative or member of a class. By placing an order with Persistent Motivation of Texas, Customer agrees that Customer is knowingly, voluntarily, and permanently waiving Customer’s right to bring federal, state, or local claims as part of, or on behalf of, any class or any other individuals, before a court or other tribunal. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Persistent Motivation of Texas 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 laws of the State of Texas.
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 Persistent Motivation of Texas' invoice regarding the items ordered by Customer, and the Customer Affidavit sworn and affirmed by Customer, are the complete and exclusive agreement between Persistent Motivation of Texas and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Persistent Motivation of Texas and Customer relating to the subject items. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.