Mahoney’s, Mahoneys Sportsman Paradise, Mahoney’s Outfitters, Mahoney’s Sports, Mahoney Sports, MahoneySports.com, or any other reference to the Mahoney’s corporation (hereinafter referred to as Mahoney’s)
Your privacy is important to us. It is Mahoney’s policy to respect your privacy regarding any information we may collect from you across our website, MahoneySports.com.
We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.
We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.
We don’t share any personal identifying information publicly or with third-parties, except when required to by law.
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.
You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us at web@mahoneysports.com.
Due to California Proposition 65 and our inability to guarantee that an item complies with the regulations, we will not ship any product to California.
Our system charges credit cards when the order is placed. If you are from California and make a purchase from MahoneySports.com, your order will be cancelled. You will be refunded, less a 10% fee applied to cover the lost costs from the attempted transaction.
MahoneySports.com is unable to process orders outside of the Contiguous United States.
Ammunition, Firearm and Firearm Accessory Shipping Restrictions
No ammunition, firearm, or firearm accessory sales to New York, Maine, California, Connecticut, Illinois, New Jersey, Massachusetts, New Hampshire, Vermont, Maryland, Colorado, Alaska, Hawaii, Washington State, Washington DC, City of Chicago, P.O. Boxes, APOs or FPOs. No exceptions.
Our system charges credit cards when the order is placed. If you make a purchase and are from an area listed above, your order will be cancelled. You will receive a refund with a 5% fee deducted to cover the lost costs from the attempted transaction.
Firearms, Ammunition, or Firearm Accessories
By using this website or placing an order with MahoneySports.com, you are agreeing to the below statements and terms of sale.
Customer Affidavit
Agreement to Indemnify and Defend for Misrepresentation
If any of the above statements under the “Customer Affidavit” section of these Terms and Conditions are untrue, you agree to release, hold harmless, indemnify, and pay to defend Mahoneys Sportsman Paradise (DBA MahoneySports.com) and its owners, agents, officers, and employees against any resulting damages, including reasonable attorneys’ fees, civil liability, or criminal prosecution.
Eligibility
You must be at least 18 years of age and reside in the United States to access or use our Services. For ammunition, firearms and/or firearm accessories you must be at least 21 years of age and reside in the United States to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
User Account and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and may not share your password or log-in credentials with any third party. If you discover or suspect that someone has accessed your account without your permission, it is your responsibility as the User to promptly notify us at web@mahoneysports.com.
Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property or other third-party right, or commit a tort; you are solely responsible for your conduct while accessing or using our Services and Products. You will not:
Shipping & Returns
Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Mahoneys Sportsman Paradise Content”) are owned by or licensed to Mahoneys Sportsman Paradise and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Mahoneys Sportsman Paradise and our licensors reserve all rights in and to our Services and the Mahoneys Sportsman Paradise Content. We hereby grant you a limited, nonexclusive, nontransferable, non-sub-licensable, revocable license to access and use our Services and Mahoneys Sportsman Paradise Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or Mahoneys Sportsman Paradise Content; (b) copy, reproduce, distribute, publicly perform or publicly display Mahoneys Sportsman Paradise Content, except as expressly permitted by us or our licensors; (c) modify the Mahoneys Sportsman Paradise Content, remove any proprietary rights notices or markings or otherwise make any derivative uses of our Services or Mahoneys Sportsman Paradise Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Mahoneys Sportsman Paradise Content other than for their intended purposes. Any use of our Services or Mahoneys Sportsman Paradise Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted to you.
Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Mahoneys Sportsman Paradise and our officers, directors, agents, suppliers and employees (individually and collectively, the “Mahoneys Sportsman Paradise Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims“) arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another party (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Mahoneys Sportsman Paradise.
Limitation of Liability
MAHONEY’S WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, INCLUDING RELATING TO YOUR USE OF OR INABILITY TO USE ANY PRODUCTS SOLD THROUGH THE MAHONEY’S SITE, EVEN IF MAHONEY’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF MAHONEY’S, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OUR SERVICES OR ANY PRODUCTS PURCHASED ON OUR WEBSITE REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR SERVICES.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF MAHONEY’S OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Release
To the fullest extent permitted by applicable law, you release Mahoney’s from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542, as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Jurisdiction
You agree that if you choose to file a lawsuit against Mahoneys Sportsman Paradise or any of its owners, agents, officers, or employees, that lawsuit must be filed in a court located in Washington County, Tennessee. You agree that any lawsuit filed in any other jurisdiction shall be immediately removed to Washington County, Tennessee, and that you will reimburse Mahoneys Sportsman Paradise and its owners, agents, officers, and employees for any costs, including reasonable attorneys’ fees, they incur in defending a lawsuit or effecting its removal until the lawsuit is properly before a court in Washington County, Tennessee.
Governing Law
You agree that Tennessee law will govern (i) your purchase and use of any products from MahoneySports.com; (ii) any information you receive from MahoneySports.com; (iii) any legal action instituted against you by Mahoneys Sportsman Paradise; and (iv) any legal action you institute, or that someone else institutes as a result of your actions, against Mahoneys Sportsman Paradise.
Class Action Waiver
You agree that any dispute resolution proceedings, including litigation, arbitration, or mediation, between you and Mahoneys Sportsman Paradise will be conducted only on an individual basis and not in a class, consolidated, or representative action. By making this agreement, you acknowledge and affirm that this is a knowing, voluntary, and permanent waiver of your right to bring any claims against Mahoneys Sportsman Paradise as part of, or on behalf of, any class or any other individuals.
Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
Miscellaneous
These Terms, and any other terms on the site applicable to your purchase, constitute the entire agreement between you and Mahoney’s relating to your access to and use of our Services. The failure of Mahoney’s to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
This policy is effective as of 19 January 2021.