1. Read the Terms & Conditions then approve with initials.

2. Fill out form with ALL info asked for (All sections MUST BE FILLED).

2. Pay for Usage FEE.

 

 

Terms and Conditions

1. Obtaining an Account

You must be 18 years of age or older to use this site. To borrow a gun you must fill out the form on the Site. By doing so you give us permission to obtain credit information from consumer credit-reporting agencies before sending a gun.

2. Acceptance of Terms of Use

These Terms of Use govern your Borrowing (Rental or Trial) of an Alien maker (gun) and sale of products (the "Service"). By using the Service or visiting or browsing the Site, you accept these Terms of Use and any modifications that may be made to the Terms of Use from time to time; if you do not agree to these Terms of Use you should not use the Service, or visit or browse the Site. These Terms of Use constitute a binding legal agreement between you and Alien Paintball Equipment Inc. (“Alien”,” Alien Paintball" "we," "us," and "our"). Please read them carefully.

3. Indemnity

Borrower agrees that this is a high-level tournament marker. Therefore, the Borrower represents that they are well experienced with operating paintball markers and their safe usage. This service is not designed for, and is not safe for use by, novice players. Borrower understands that Paintball Markers can activate unexpectedly, including by accidentally pulling the trigger or, when first turning on the air, by over pressurizing the solenoid and self-cycling. Borrower agrees to indemnify and hold Alien Paintball Equipment, Inc (Alien, Alien Paintball) any officers, agents, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to, or arising out of, your use of the Service and/or the products. Borrower further agrees to use these products only at supervised PaintBall Fields with proper chronograph equipment and to use only when all present are wearing proper paintball goggles.

4. Disclaimers of Warranties; Limitations on Liability

THIS SERVICE PROVIDES ACCES TO DANGEROUS SPORTING EQUIPMENT. AS WITH ANY AIR GUN OR AIR PISTOL, THE POSSIBLITY FOR INJURY – ESPECIALLY BLINDNESS – IS PRESENT. THE BORROWER ACCEPTS ALL RESPONSIBILITY FOR THE USE OF THE PRODUCT. BORROWER ALSO ACCEPTS THE FULL RESPONSIBILY FOR USE BY ANYONE ELSE THAT OBTAINS ACCES TO THE PRODUCT. The Service (including the products provided under the Service or purchased through the Site), and the Site and its contents, are provided "as is". Alien Paintball assumes no liability or responsibility for any errors or omissions in providing the Service or in the content of the Site, any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the Site, any losses or damages arising from the use of the content provided on the Site, goods or services provided by Alien Paintball, or any conduct by users of the Site. Alien Paintball reserves the right to refuse to ship products in its sole discretion. Alien Paintball does not represent or warrant that the information on or accessible via the Site or through the Service is complete or current. ALIEN PAINTBALL, AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' LIABILITY UNDER THESE TERMS OF USE AND ANY OTHER TERMS AND CONDITIONS IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. ALIEN PAINTBALL AND ITS AFFILATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS OR OPPORTUNITIES, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. ALIEN PAINTBALLS’ AND ITS RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, THE SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO ALIEN PAINTBALL BY YOU UNDER THESE TERMS OF USE. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY ALIEN PAINTBALL TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN UNDER THESE TERMS OF USE. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

5. Costs and Refunds

Usage is $75 for a Saturday and a Sunday. Marker will be shipped via Priority Mail with Delivery conformation. Markers are to be shipped back the first Monday following the Friday of Delivery (In the event that the marker is delivered on a Saturday, as shown by Delivery Conformation, the borrower will have through the next weekend to use the marker). The borrower must return the marker using Priority Mail with Delivery Conformation as provide by the United Sates Post Office Post Office. The postmark and the delivery conformation showing the marker being sent before the end of Monday’s business day to avoid the borrower incurring the next week use fee. The postmarked can be Tuesday in the event the Borrower postmarks and sends the gun by Express Mail before the end of the business day on that Tuesday. Failure to return such products within these time frames will result in charges to your credit card until all borrowed products have been returned. In the event the Post Office is not open onday (holiday) timeframes are extended an additional day. Cost of return postage is the borrowers responsibility. You must return all borrowed guns in the manner outlined to avoid a charge for the next weekends borrowing fee. At the end of the first week’s rental, the rental fee only may be applied towards the purchase of gun of equal or higher price on the web site. No other fees or discount apply. Fee’s charged for shipping, damage and/or cleaning cannot be applied towards a new purchase. Only rental fees paid to Alien may be applied towards purchase. All purchases of our merchandise are non-refundable.

6. Billing

You are required to provide Alien Paintball with accurate, complete and current credit card information for a valid credit card that you are authorized to use. By signing up you authorize Alien Paintball or its agent to bill your credit card a deposit in the amount of $425. Upon return of the borrowed marker we will apply the applicable borrowing fees, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service and adjust the balance, refunding any amount due the borrower. In the event additional amounts are due (for example you instruct us that you want to purchase the marker instead of returning it) your card will be billed for any additional amounts. In the event Alien has not received the marker back within 6 weeks you card will be charged 120% of the amount of the cost of the marker at the time the agreement was entered into, plus all applicable taxes. Upon receiving payment from the credit card provider the ownership of the marker passes to you. If Alien Paintball does not receive payment from your credit card provider for any additional fees or if your credit card expires or is rejected, you agree to pay immediately all amounts due upon demand. Alien Paintball reserves the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies and to continue to charge law full interest on any outstanding balances due at 18% per annul until paid. In the event that this interest rate conflicts with State laws, the laws of the applicable state prevail. Maximum fee shall be equal to 120% of the value of the gun plus taxes and interest until paid. We reserve the right to determine whether your credit card is pre-authorized to accept a minimum charge equal to 120% of the retail value, as determined solely by Alien Paintball. Alien Paintball reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

7. Modifications to Terms of Use

We reserve the right to modify these Terms of Use at any time and in any manner at our sole discretion. Notice of any modification of these Terms of Use will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site to determine whether a change has been made to these Terms of Use.

8. The Service

We reserve the right to limit the number of items that can be borrowed at any time. Delivery time for products you have selected to borrow may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, Alien Paintball makes no guarantees as to actual delivery time. Risk of loss for items shipped passes to you upon our delivery to the carrier. We will send you an email letting you know when your product is shipped. In the event you return a product in dirty condition you will be charged as determined by Alien Paintball in its sole discretion. By borrowing a gun you agree that scratches and/or nicks are not normal wear and tear. Nicks and scratches will be charged to your account at Alien’s sole discretion. You further agree not to attempt to service, disassemble or inspect the inner workings of any marker. You further agree that Alien Paintball may charge your credit card and collect a repair or replacement fee for any product, and that you will be charged as determined by Alien Paintball in its sole discretion, with the basis of repair fees to be at a shop rate currently at $60 per hour plus parts.

9. Intellectual Property

ALIEN is a trademark of Alien Paintball Inc. All Alien Paintball graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Alien Paintball. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Alien Paintball, and is protected by United States and international copyright laws

10. Termination

You agree that Alien, in our sole discretion, may terminate your account, or use of the Service or the Site, and remove and discard any of your Submissions from the Site, for any reason, or without reason at our discretion. Also, we may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your account and all related information and Submissions made from your account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the service.

11. Governing Law and Arbitration

These Terms of Use are governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Any controversy or claim arising out of or relating to these Terms of Use, the Service, the Products, or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Sacramento County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by California law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. By using the Site or the Service, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located Sacramento California.

12. Taxes

All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.

13. General

Alien Paintball’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Service, you consent to receiving electronic communications from Alien Paintball. These communications will include notices about your account (e.g., shipping and receiving emails and other transactional information) and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Alien Paintball is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Use comprises the entire agreement between you and Alien Paintball and supersede all prior agreements between the parties regarding the subject matter contained herein. Effective July 1, 2009


FORM:

First Name: Street Address: City: Zip Code: Fax: Credit Card: Name on Card :
Last Name: Suite #: State: Telephone: E-mail Address: Expiration Date(month/Year): CVS Code:



I have read the terms & conditions and agree to terms.
The item has not been modified or alterated.
YES: