Terms and Conditions

SITE ACCESS

By accessing this web site, you agree to be bound by the terms and conditions of use appearing below, such use being non-commercial in nature and conditioned on your acceptance. The materials on this web site are Copyright © 2017 Pyramyd Air, Ltd., dba Pyramyd Air (“Pyramyd Air”). All rights reserved. You are hereby authorized to view, copy, print, and distribute these materials subject to the following conditions:

the materials may be used for internal informational purposes only;
any copy of these materials or any portion thereof must include the above copyright notice; and
Pyramyd Air may revoke or modify any of the foregoing rights at any time.

You also expressly agree that you will not use any robot, spider, or other automatic or manual device or process to interfere or attempt to interfere with the proper working of our web site, nor act as a conduit for others to effect the same result.

TRADEMARK NOTICE

Pyramyd Air™ is a trademark of Pyramyd Air, Ltd. No license to use or reproduce this trademark or other trademarks contained on this web site is given or implied. All other brands and product names are the trademarks of their respective owners.

PRICING OR TYPOGRAPHICAL ERRORS

While Pyramyd Air strives to provide accurate product and pricing information, pricing or typographical errors may occur. Pyramyd Air cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Pyramyd Air shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Pyramyd Air may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

ORDER ACCEPTANCE

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

We reserve the right to suspend or cancel orders that include redemption of Bullseye Bucks if we suspect fraud or improper use of our Bullseye Bucks program.

If you place an order for an item that later goes on sale, you can request the discounted price to be honored as long as your purchase was completed within 5 days from the sale start date.

You must be 18 years or older to buy any air gun or air rifle in our store.

SITE SECURITY

Users are prohibited from violating or attempting to violate the security of this website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing” as those terms are understood in the industry; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from Pyramyd Air on this website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer, Mozilla Firefox, Apple Safari, Google Chrome).

INTELLECTUAL PROPERTY

Nothing on this web site will be construed as conferring any license of Pyramyd Air’s rights or any third party rights. Although the information is provided on this server to anyone, we retain the copyright on all text and graphic images. This means you may not distribute the text or graphics to others without the express written permission of Pyramyd Air, or modify or re-use the text or graphics without the express written permission of Pyramyd Air. It is expressly forbidden to use either Pyramyd Air’s URL, meta-tags, or other embedded web site information to effect any “matchmaker” advertising by third parties, or to act as a conduit for others to effect the same result. You may print copies of the information for your own personal use.

Pyramyd Air also reserves all other rights, including the right to make changes or corrections at any time without notice. You are prohibited from posting on this web site or transmitting to this web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, objectionable or profane material or any materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Pyramyd Air will fully cooperate with law enforcement authorities or court orders requesting or directing Pyramyd Air to disclose the identity of or help identify anyone posting any such information or materials on this web site. Pyramyd Air makes no commitment to update the information provided herein. The information, text, graphics, and links on this web site are provided by Pyramyd Air as a convenience to its customers.

This web site may contain content not generated by Pyramyd Air and Pyramyd Air is not responsible for any third-party content. The name of Pyramyd Air or the Pyramyd Air logos and trademarks may not be used in advertising or publicity pertaining to distribution of the information on or linked to this web site or any other server or “hot-linked” sites without specific, written prior permission. Pyramyd Air makes no representation or warranties about the accuracy, currency, completeness, or suitability of the information provided on this web site and will not be liable for any use of this information for any purpose. The information on this web site could contain technical inaccuracies or typographical errors, and information may be changed, updated, and deleted without notice. Pyramyd Air may make improvements and/or changes in the products and/or the programs described on this web site at any time. Errors in the description, photography, or typographical errors are subject to correction at the sole discretion of Pyramyd Air.

The material provided on this web site is protected by law, including, but not limited to, United States copyright law, trademark law, and international treaties. This web site is controlled and operated by Pyramyd Air in Bedford, Ohio, United States of America. Pyramyd Air makes no representation that materials on this web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.

USER GENERATED CONTENT

(a) Posting. On portions of the Site, Users may engage in interactive features that allow them to upload, transmit, submit, publish, display, or post (collectively, “post”) content, including but not limited to names for air gun configurations, messages, text, photographs, images, videos or other content (“User Generated Content”).

Standards. All User Generated Content you post shall be your original content and shall comply with the content standards set forth in these Terms of Use. In posting User Generated Content, you shall comply with all applicable federal, state, local, and international laws and regulations and adhere to the terms and conditions of these Terms of Use and other rules and restrictions imposed by Pyramyd Air on this Site. Without limiting the foregoing, the User Generated Content must not: (i) promote or engage in any illegal or unauthorized use or any way that violates applicable federal, state, local, or international law or regulations (including without limitation, any laws regarding the export or re-export of data or software to and from the US or other countries); (ii) impersonate any person or entity; (iii) stalk or harass any other person; (iv) harm or exploit minors in any way, including by requesting personal information from them or displaying inappropriate content; (v) falsely state or misrepresent your affiliation with another person or entity or to impersonate or attempt to impersonate Pyramyd Air, a Pyramyd Air employee, another User, or any other person or entity, whether by using that person’s email address, screen name, or other indicia associated with the foregoing or otherwise or that misleadingly gives the impression that they emanate from or are endorsed by Pyramyd Air or any other person or entity if that is not the case; (vi) provide any false or misleading data or materials likely to deceive others; (vii) infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person; (viii) access or use the account of another User; (ix) distribute or procure the sending of advertising, surveys, sales, contests, promotional materials, sweepstakes, barter, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other messages for any commercial purposes; (x) distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (xi) “hack” or access without permission Pyramyd Air’s proprietary or confidential records or those of any other third party; (xii) contain any libelous, slanderous, scandalous, derogatory, pejorative, immoral, violent, abusive, offensive, harassing, violent, inflammatory, threatening, defamatory, obscene, indecent, hateful, sexually explicit, pornographic, or otherwise objectionable materials (as determined by Zoeller in its sole discretion), materials that promote discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, age, or other materials that could give rise to any civil or criminal liability under U.S. or international law; (xiii) promote any illegal activity or advocate, promote, or assist any unlawful act; (xiv) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; or (xv) violate the legal rights (including privacy rights and publicity rights) of others or contain any material that could give rise to liability or conflict with this Agreement. Without limiting any other provisions of these Terms of Use, you agree that any User Generated Content posted or uploaded in connection with portions of the Site shall comply with the standards set forth above and elsewhere in these Terms of Use and on the Site, shall not contain the brands of any third parties, shall not include material that would, when applied as requested, create a false impression of endorsement, sponsorship, or affiliation, or otherwise contradict the policies or preferences of Pyramyd Air as decided in its sole discretion. You shall not post User Generated Content for any improper motive or purpose. You shall not post User Generated Content that contains any confidential information, or any content that infringes the intellectual property rights, including but not limited to, the trademark, copyright, privacy, publicity, or personal or proprietary right of any third party.

(b) Monitoring and Removal of User Generated Content. Pyramyd Air reserves and has the right (but not the obligation) to take down, delete, remove or refuse to post any User Generated Content for any reason or no reason at all in its sole discretion. Pyramyd Air also reserves the right to disable or block your use or access to the Site (or any portion of it) if you fail to comply with the Terms of Use. You acknowledge that Pyramyd Air cannot review all User Generated Content before it is posted on the Site and cannot ensure prompt removal of objectionable User Generated Content after it has been posted. Accordingly, Pyramyd Air assumes no liability for any action or inaction regarding transmissions, communications, postings, content or User Generated Content posted by any User or third party. You agree to hold Pyramyd Air harmless from and against any and all claims resulting from any action Pyramyd Air or any third party takes during or as a consequence of investigations by Pyramyd Air or law enforcement authorities regarding any User Generated Content.

(c) License. You acknowledge and agree that all User Generated Content may be freely displayed, reproduced, published, or distributed by Pyramyd Air in any way in any format. Pyramyd Air may display your user ID, name, portion of your name, photograph, or likeness in connection with your User Generated Content. For all User Generated Content, you grant to Pyramyd Air, its successors, assigns, service providers, and licensees, a perpetual, irrevocable, worldwide, transferrable, sublicensable, royalty-free, license to use, reproduce, copy, display, transmit, perform, distribute, publish, modify and create derivative works of your User Generated Content, in all media now or hereafter known, in Pyramyd Air’s sole discretion without right of attribution or payment.

(d) Representations. You represent and warrant that you are the sole, original creator of any and User Generated Content that you post, that you control all the rights in and to the User Generated Content that you post, that you did not copy or take any portion of the User Generated Content from any other source, and if you have taken content from another source, you have made only a fair use of third party materials reproduced in the User Generated Content, have properly cited and credited such use, and have brought such use to Pyramyd Air’s attention. You also represent and warrant that no other person or entity has any rights in any User Generated Content that would limit or restrict either your ability to comply with this Agreement or Pyramyd Air’s rights in the User Generated Content or ability to fully use the User Generated Content as contemplated herein. You represent and warrant that the User Generated Content complies with the content standards set forth above, with all terms and conditions of these Terms of Use and other restrictions imposed elsewhere on the Site, with all applicable laws and regulations, and that the User Generated Content does not infringe or misappropriate the copyright, trademark, trade secret, patent, or other intellectual property, publicity, privacy, contract, or other rights of any third party. You acknowledge that you are responsible for the User Generated Content you post and that you, not Pyramyd Air, are responsible or liable to third parties for the content or accuracy of the User Generated Content you post.

MOBILE MESSAGING

Pyramyd Air offers its customers mobile alerts regarding marketing messages, product updates, product sales, cart reminders, and exclusive offers by SMS message (the “Service”) on 91256. By participating in the Service, you are agreeing to these Terms and to the https://www.pyramydair.com/privacy-policy.

Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Pyramyd Air reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

Authorize Pyramyd Air to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
Acknowledge that you do not have to agree to receive messages as a condition of purchase.
Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, [email protected]. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive
Once you affirm your choice to opt-in to the Service on 91256, your message frequency may vary. You may receive alerts about:

Marketing Messages
Product Updates
Product Sales
Exclusive Offers
Cart reminders
Back in stock alerts
Low inventory alerts
Price drop alerts

Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Pyramyd Air may add or remove any wireless carrier from the Service at any time without notice. Pyramyd Air and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.To Stop the Service
To stop receiving text messages fromPyramyd Air text the word STOP to91256 time or reply STOP to any of the text messages you have received fromPyramyd Air. After texting STOP to91256 you will receive one additional message confirming that your request has been processed.

Questions
You can text HELP for help at any time. This will provide you a toll-free number, 1-888-262-4867 to call for assistance. You can also contact us at [email protected].

Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.

NOTICE AND PROCEDURE FOR MAKING U.S. CLAIMS OF COPYRIGHT INFRINGEMENT

If You believe that any materials accessible on this Site infringe your copyrights, you may request their removal by submitting written notice to Pyramyd Air’s designated copyright agent identified below. Please include the phrase “copyright infringement” in the subject line and include the following information as part of your notice:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A detailed identification and description of the copyright-protected work that you claim has been infringed;
A description of the allegedly infringing material, including information sufficient to enable Pyramyd Air to locate such material on the Site;
Your name, postal address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Pyramyd Air’s designated copyright agent for notice is:

Designated Agent: Copyright Admin
Pyramyd Air Ltd.
5135 Naiman Parkway
Solon, OH 44139

If you fail to comply with all the notice requirements set forth in the statute, your notice may not be effective. If you knowingly misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees under 17 U.S.C. §512(f). It is Pyramyd Air’s policy in appropriate circumstances to disable, suspend, and/or terminate the accounts of repeat infringers.

We may give notice of a copyright infringement allegation to our users by means of a general notice on our Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to Pyramyd Air’s designated copyright agent. To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;
Identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake to misidentification of the material to be removed or disabled; and
Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Pyramyd Air may be found, and that you will accept service or process from the person who provided notification of alleged infringing material or an agent of such person.

In the event a User’s materials are removed due to a copyright infringement notice under the procedures above and then subsequently restored due to a counter-notification, Pyramyd Air will treat the underlying notice as withdrawn.

NOTICE AND PROCEDURE FOR MAKING U.S. CLAIMS OF TRADEMARK INFRINGEMENT

If you believe that your trademark has been copied in a way that constitutes trademark infringement, please provide a written notice with the following information to the Site’s designated trademark agent:

An electronic or physical signature of the person authorized to act on behalf of the owner of the mark;
A detailed description of the mark that you claim has been infringed, including the federal registration number for such mark;
An identification and description of the material that you claim infringes the mark and information sufficient to enable Pyramyd Air to locate such material on the Site;
Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the mark owner, its agent or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the mark owner or authorized to act on the mark owner’s behalf.

Designated Agent: Copyright Admin
Pyramyd Air Ltd.
5135 Naiman Parkway
Solon, OH 44139

ARBITRATION AND CLASS ACTION WAIVER

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Pyramyd Air’s services will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Pyramyd Air hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PYRAMYD AIR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND PYRAMYD AIR AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Pyramyd Air are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Pyramyd Air, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver)is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

DISCLAIMER

PYRAMYD AIR 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 PYRAMYD AIR 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 PYRAMYD AIR 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 YOU.

ADDITIONAL TERMS AND CONDITIONS

ANY CLAIM RELATED TO THIS WEBSITE OR ANY PURCHASE MADE THROUGH THIS WEBSITE WILL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO CONFLICTS OF LAW RULES. IN THE EVENT OF ANY DISPUTE REGARDING THIS WEBSITE OR ANY SALE OR PURCHASE MADE THROUGH THIS WEBSITE, THE PARTIES IRREVOCABLY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE CUYAHOGA COUNTY COURT OF COMMON PLEAS LOCATED IN CUYAHOGA COUNTY, OHIO. IN THE EVENT OF ANY DISPUTE ARISING UNDER A FEDERAL CLAIM REGARDING THIS WEBSITE OR ANY SALE OR PURCHASE MADE THROUGH THIS WEBSITE, THE PARTIES IRREVOCABLY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO.