Terms of Service

TERMS OF SERVICE

OVERVIEW

This website is operated by Dirty Bird Industries, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Dirty Bird Industries. Dirty Bird Industries offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

dirtybirdusa.com sells firearms, parts and accessories, only in accordance with Federal, State, and Local firearm laws. It is your responsibility to check your local & state laws to ensure the items in your order do not violate or will not be used to violate any Federal, State or Local firearms laws.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – MOBILE TERMS AND CONDITIONS

DirtyBird offers its customers mobile alerts regarding sales, product alerts, promotions, and cart reminders by SMS message (the “Service”) on 97081. Age Gate required, must be 21+ to subscribe, and provide DOB MM/DD/YYYY to opt-in to the program. By participating in the Service, you are agreeing to these Terms and to the 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 21 years old. Before the Service starts, you will need to agree to these Terms. DirtyBird reserves the right to stop offering the Service at any time with or without notice. 

By opting into the Service, you: 

  1. Authorize DirtyBird 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). 
  2. Acknowledge that you do not have to agree to receive messages as a condition of purchase. 
  3. 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. 
  4. 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, please contact 800-992-5060 or [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 97081, your message frequency may vary. You may receive alerts about:

  1. Sale promotions
  2. Event information
  3. Product launch announcements
  4. Cart reminders
  5. Back in stock alerts
  6. Price drop alerts
  7. Low inventory 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. DirtyBird may add or remove any wireless carrier from the Service at any time without notice. DirtyBird 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 from DirtyBird, text the word STOP to 97081 any time or reply STOP to any of the text messages you have received from DirtyBird. After texting STOP to 97081, you will receive one additional message confirming that your request has been processed.

Questions 

You can text HELP for help at any time to 97081. This will provide you with customer service phone number and an email address (800-992-5060 or [email protected]). You can also contact us at DirtyBird, 2420 Mohawk Street, #700, Bakersfield, CA 93380.

Changes to Terms

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

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – 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 DirtyBirdUSA’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 DirtyBirdUSA 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 DIRTYBIRDUSA 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 DIRTYBIRDUSA 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 DirtyBirdUSA are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.  DirtyBirdUSA, 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 Waiveris 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.

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
In no case shall Dirty Bird Industries, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Dirty Bird Industries and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 – FIREARM RESTRICTIONS

Firearm Shipments

We ship only to valid FFL Dealers. Firearms cannot be shipped to a P.O. Box.

The customer is responsible for knowing his/her state laws regarding firearm transfers. Contact your local FFL dealer with any questions regarding the sale or transfer of firearms. Contact your local FFL before ordering a firearm to verify their transfer fee and to ensure they will receive your transfer. The customer assumes all responsibility and cost for returned firearms due to FFL refusal or failure to receive.

If you order a handgun, stockless shotgun, complete AR or AK receiver, or stripped lower receiver, YOU MUST be:

A legal resident of the state in which you are ordering.

21 years of age or older to complete the transfer through your FFL.

Exceptions: Military personnel stationed in a state other than their legal residence may purchase firearms across state lines. Contact your local FFL receiving the transfer as you may have to provide proof of deployment, residence, etc.

Please follow all directions prompted to you at checkout. This will ensure speedier delivery. Please note that the FFL selection on our website is for customer convenience only and does not necessarily mean that Dirty Bird Industries has the FFL selected on file. The customer may be asked to provide the FFL information that they wish to use. If a customer wishes to change the FFL they want to use after the order has shipped, they will be additionally charged for the cost of shipping. If a FFL is not available at the time of delivery, the package will not be held at the carrier hub and will be returned to Dirty Bird Industries. Additional shipping charges will apply to orders that need to be reshipped.

Shipping Restrictions

Dirty Bird will not ship ANY items to the District of Columbia (Washington D.C.).

Dirty Bird will not ship ANY items to the state of Massachusetts.

Dirty Bird will not ship ANY AR or AK Parts or Firearms (Including Receivers) to residents of Connecticut, Chicago, Illinois, Cook County, Illinois, or Deerfield, Illinois.

Dirty Bird will not ship any AR or AK parts to Denver, Colorado.

Illinois: All hand guns handgun having a barrel, slide, frame or receiver which is a die casting of zinc alloy or other non-homogeneous metal that melts or deforms at a temperature of less than 800 degrees Fahrenheit are prohibited.

Minnesota: All hand guns handgun having a barrel, slide, frame or receiver which is a die casting of zinc alloy or other non-homogeneous metal that melts or deforms at a temperature of less than 1,000 degrees Fahrenheit, of any material having an ultimate tensile strength of less than 55,000 pounds per square inch, and of any powdered metal having a density of less than 7.5 grams per cubic centimeter are prohibited.

Dirty Bird will not ship ANY AR or AK Firearms (Including Receivers) to residents of Aurora, Highland Park, Deerfield, or Cook County, Illinois.

Dirty Bird will not ship any handguns to CA that are not on the DOJ roster. This includes Single Shot Exemption conversions.

No AR parts will be shipped to Connecticut. All such orders will be cancelled and the customer will be charged a 5% fee.

All firearms sales to Puerto Rico residents are subject to review. Please send in a copy of your Puerto Rico-Issued weapons license after placing your order to [email protected] Allow up to 3-5 business days for additional processing.

Hawaii: All handguns having a frame or receiver of which is a die casting of zinc alloy which has a melting temperature of less than 800 degrees Fahrenheit are prohibited.

Stripped lower receivers will NOT be shipped to the following states:

Colorado (Boulder, Denver, Vail)

Connecticut

Massachusetts

New York

Complete AR and AK receivers will NOT be shipped to the following states:

California

Colorado (Boulder,Denver, Vail)

Connecticut

Maryland

New Jersey

New York

Non-Compliant AR & AK models will NOT be shipped to the following states:

California (No “assault weapons” can be shipped.)

Colorado (Boulder,Denver, Vail)

Connecticut

Maryland

New Jersey

New York

Please note that Dirty Bird Industries DOES NOT ship high-capacity magazines with firearms to the states listed above. We WILL NOT replace high capacity magazines with state compliant magazines. We DO NOT offer refunds in place of the magazines.

Shipping Restriction Exceptions

Law enforcement officers must provide both their credentials and a letterhead signed by their department’s superior officer stating that the firearm will be used in the execution of the L.E.O.’s duties. Dirty Bird only recognizes City Police Officers, County Sheriff Deputies, and State Police (including Highway Patrol) as L.E.O.’s.

Some of the states listed above may not have L.E.O. exemptions. Please contact us BEFORE placing your order.

Dirty Bird Industries does NOT ship directly to L.E.O.’s; the order must go to an FFL. Dirty Bird Industries does NOT make exceptions for this policy.

P.O. Box Shipments / Restrictions

Firearms cannot be shipped to a P.O. Box.

Dirty Bird abides by all Federal Regulations regarding hazardous material shipped through United States Postal Service. A hazardous material is any article or substance designated by the U.S. Department of Transportation as being capable of posing an unreasonable risk to health, safety, or property during transportation. This includes, but is not limited to:

Minor Blast/Minor Projection Hazard — Ammunition

Oxidizing Substances — Batteries

Flammable Solids — Black Powder

Flammable and combustible liquid — Cleaners, oil, and aerosol cans

If you wish to order any hazardous material, you must provide a physical address for shipment through UPS.

Magazine Ordering Restrictions

Dirty Bird Industries abides by all state regulations regarding the sale of high capacity magazines. We DO NOT ship high-capacity magazines with firearms to the states listed below. We WILL NOT replace high capacity magazines with state compliant magazines. We DO NOT offer refunds in place of the magazines.

It is the customer’s responsibility for understanding state laws regarding magazine capacities. Customers ordering magazines that are illegal to own in their state will have their orders cancelled and will be charged a 5% restocking fee.

California — No magazines greater than 10 rounds.

Colorado — No magazines greater than 15 rounds, effective July 1st, 2013.

Boulder — No magazines greater than 10 rounds.

Connecticut — 10 Rounds and less with a valid permit.

Hawaii — No magazines greater than 10 rounds.

Illinois (North Chicago) — No magazines greater than 16 rounds.

Aurora, Skokie, Chicago, Evanston — No magazines greater than 15 rounds.

Highland Park, Cook County, Dolton, Homewood, Deerfield — No magazines greater than 10 rounds.

Deerfield — No shotgun magazines over 5 rounds.

Maryland — No magazines greater than 10 rounds October 1st, 2013.

Massachusetts — No sales. Dirty Bird will not ship ANY items to the state of Massachusetts.

New York — No magazines greater than 10 rounds.

New Jersey — No magazines greater than 10 rounds.

Vermont — No magazines over 10 rounds will be shipped as of April 13, 2018.

Washington D.C. — No Sales. Dirty Bird will not ship ANY items to the District of Columbia.

Dirty Bird will not ship high capacity magazines for CA customers to a High Capacity Magazine Dealer. High Capacity Magazine Dealers in CA may place orders with Dirty Bird directly.

Magazine Restriction Exceptions

Law enforcement officers must provide both their credentials and a letterhead signed by their department’s superior officer stating that the magazine will either be used in the execution of the L.E.O.’s duties, or off duty. Dirty Bird only recognizes City Police Officers, County Sheriff Deputies, and State Police (including Highway Patrol) as L.E.O.’s.

Some of the states listed above may not have L.E.O. exemptions. Please contact us BEFORE placing your order.

Ammunition Ordering Restrictions

Dirty Bird Industries abides by all state regulations regarding the sale of ammunition.

You agree and accept all policies described in our Terms of Use.

You are at least 21 years of age (for handgun ammunition) or 18 years of age (for rifle ammunition).

By purchasing ammunition, you are not violating any local, state, or federal laws.

You have not been convicted of any felony, a misdemeanor of domestic abuse, and you are not chemically dependent.

You have no legal restraint that would prohibit you from possessing, ordering, owning, or transferring ammunition.

You have never been committed to any mental institution, or been adjudicated as mentally defective. You will not sell ammunition to any minor.

We will not ship ammunition to the following areas:

California — No Sales to the cities of Los Angeles, Oakland, Sacramento, San Francisco, or Avalon. We will allow local pickup though.

Connecticut — No sales without a valid permit.

Alaska — No Sales. Ammunition must be shipped to a freight forwarder.

Hawaii — No Sales. Ammunition must be shipped to a freight forwarder.

Illinois — FOID required, ID required, No sales to Cook County and Chicago All other Illinois residents purchasing ammunition within or outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner’s Identification Card or valid concealed carry license and either his or her Illinois driver’s license or Illinois State Identification Card prior to the shipment of the ammunition. The ammunition may be shipped only to an address on either of those 2 documents.

Massachusetts — No sales. Dirty Bird will not ship ANY items to the state of Massachusetts.

Maryland — No Sales to the City of Annapolis and Montgomery County

New York — No Sales to New York City, or its five Burroughs. For all other NY residents Ammo shipments must go to an FFL dealer or registered seller of Ammunition. Need a file copy of FFL/SOA.

New Jersey — When ordering ammunition commonly used in a handgun/to be used in a handgun, email us a copy of your Firearms ID. We must ship to the address on the FID.

Puerto Rico —No Sales. Ammunition must be shipped to a freight forwarder.

Washington D.C. — No sales. Dirty Bird will not ship ANY items to the District of Columbia.

We will not ship projectiles to the following areas:

Massachusetts

Alaska

Hawaii

New York City ( Bronx, Brooklyn, Manhattan, Queens and Staten Island )

Washington D.C.

Any U.S. Territory

Cook County and Chicago, Illinois

Los Angeles, Oakland, Sacramento, San Franciso and Avalon, California

Residents of Illinois, New Jersey and Connecticut must send in a copy of their FOID/FID/Permit. More information can be found here. The customer is responsible to know and follow all federal, state, and local guidelines when purchasing and reloading ammunition.

Other Ordering Restrictions

Alaska – No tannerite sales.

Hawaii – No magazines greater than 10 rounds. No AR or AK pistols.

Maryland – No Tannerite sales.

Massachusetts – No sales.

Minnesota – The following firearms are prohibited in the state of Minnesota: GSG Rimfire pistols, Walther Rimfire Pistols, Cobra, Phoenix Arms, and Heritage Arms.

Vermont – No magazines over 10 rounds will be shipped as of April 13, 2018. No pistol magazines over 15 rounds effective immediately.

Washington D.C – No sales.

If you wish to order any hazardous material, you must provide a physical address for shipment through UPS.

Flamethrower Restrictions

No shipping to Alaska, Hawaii, Maryland, and the city of Warren, Michigan.

Flamethrower ownership is generally legal in the United States without requiring any sort of background check. This is America, and freedom is something we stand for.

As the product name states, it is simply a long range torch. However, Maryland and California do have restrictions regarding such devices. The city of Warren, Michigan also prohibits possession via local ordinance.

In Maryland, flamethrowers are outright prohibited to possess due to falling under the state’s definition of a destructive device (not the federal definition).

In California, non-stationary devices that are designed/intended to emit a burning stream at least 10 feet are prohibited without a license issued by the State Fire Marshal. We do sell CA Compliant Flame Throwers.

Check with your local laws. It is your responsibility to understand and adhere to all relevant regulations.

SECTION 20 – EXPORT POLICY & RESTRICTIONS

The U.S. Department of State’s Directorate of Defense Trade Controls, the U.S. Department of Commerce’s Bureau of Industry and Security, and the U.S. Department of the Treasury’s Office of Foreign Assets Control administer export control regulations that affect some aspects of our business. We request that you (the “Customer”) read and familiarize yourself with the following information regarding certain applicable export regulations.

The sale, transfer, transportation, or shipment outside of the U.S. of any product prohibited or restricted for export without complying with U.S. export control laws and regulations, including proper export licensing, documentation or authorization, is strictly prohibited and may result in civil penalties and/or constitute a federal crime. Dirty Bird Industries, LLC will not proceed with any transaction that requires the illegal export of any products and will not assist directly or indirectly with the illegal export or re-export of any products. An accurate Automated Export System (AES) filing must be made, whether or not the exportation requires a license.

If you wish to purchase an item for ultimate shipment or use outside of the United States, please be aware an export license may be required to do so. Depending on the value of the order, specific item(s), end user, country of ultimate destination and end use, Several items on our website may require an export license, including, but not limited to, the following:

  1. Night Vision Equipment and Night Vision Accessories
  2. Thermal Imaging Equipment
  3. Optical Sighting Equipment and Tactical Lights (Weapon-Mountable), Accessories, and Mounting Hardware
  4. Weapon Accessories
  5. Knives
  6. Military Apparel including Body Armor, Helmets and Helmet Accessories, and Shields
  7. Firearms, Firearm Parts

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Bakersfield California US 93306.

SECTION 22 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

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