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 that 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 18 years of age and the age of majority in your state of residence. Certain products require you to be 21 or older, as described in Section 21 and our Shipping Policy. Minors may not purchase products through 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.
Information you submit through the Service, including payment information and any identification documents uploaded for verification, is transmitted using industry-standard encryption. Content you submit may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
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 content 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 the 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 any time 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.

Products sold by Dirty Bird Industries, LLC are intended for use by experienced individuals who are knowledgeable in their safe application. It is the user’s responsibility to determine the suitability of any product for a particular purpose and to use products safely and in compliance with all applicable laws and regulations.

SECTION 6 – INSPECTIONS, RETURNS, AND DEFECTIVE PRODUCTS

RETURN POLICY: Returns, refunds, exchanges, and store credit are governed by our Refund / Return Policy, which is incorporated into these Terms by reference. Eligible orders may receive additional benefits under the Dirty Bird Zero Risk Guarantee and its Program Terms. If these Terms conflict with the Refund / Return Policy on a return or refund matter, the Refund / Return Policy controls.

INSPECTION ON DELIVERY: Please inspect your order promptly upon delivery. Shipping damage must be reported within 7 days of delivery, and a package marked delivered but not received must be reported within 3 days of the delivery date, as described in our Shipping Policy.

REGULATED (FFL) ITEMS: Inspect regulated items for defects or blemishes before completing your transfer at the receiving dealer. Items not inspected before transfer are non-returnable. Approved returns of regulated items are subject to the restocking fee and return shipping costs stated in the Refund / Return Policy.

DEFECTIVE PRODUCTS: If you find a defect within the return window, start a return through your dirtybirdusa.com account. If the return window has passed, the manufacturer’s warranty may apply, and our Customer Service team can help you identify the right contact.

NON-RETURNABLE ITEMS: Ammunition, hazardous materials, reloading supplies (including primers, bullets, cases, and powder), gift cards, and items sold as open box, used, blemished, or “Blem” are final sale. Due to safety considerations, ammunition that has left our facilities cannot be returned.

AMMUNITION: Dirty Bird Industries, LLC is not responsible for any damage or injury caused by the use of improperly loaded or maintained ammunition. You are solely responsible for ensuring the safe and proper use of any ammunition purchased from Dirty Bird Industries, LLC. By purchasing ammunition, you certify that you are of legal age to purchase ammunition in your jurisdiction and that you are not prohibited from owning or possessing ammunition under applicable federal, state, or local laws.Dirty Bird Industries, LLC reserves the right to refuse any return that does not comply with these requirements.

SECTION 7 – 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, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund / Return Policy

SECTION 8 – PAYMENT DISPUTES AND CHARGEBACKS

If you have a problem with an order, including a missing, damaged, defective, or incorrect item or an unrecognized charge, please contact us at [email protected] before disputing the charge with your bank or card issuer. Most issues can be resolved faster through our customer service team than through the chargeback process.

By placing an order, you agree to:

  • Give Dirty Bird USA a reasonable opportunity to resolve any billing or order issue before you start a chargeback or payment dispute.
  • Not dispute a charge for an order that was delivered to your shipping address or transferred to your designated FFL dealer, unless the order was not as described and you have first contacted us as outlined above.
  • Not dispute a charge for items you have returned until our Return Policy has been completed, including any refund processing time stated in that policy.

Dirty Bird USA reserves the right to contest any chargeback or payment dispute we believe is unwarranted. To do so, we may give your card issuer order records, including proof of delivery, carrier tracking information, signature confirmation, FFL transfer and acknowledgment records, account activity, and communications between you and Dirty Bird USA.

If a chargeback is filed in bad faith or is found to be without merit, Dirty Bird USA may, at its sole discretion, cancel any pending orders, suspend or close your account, and refuse future orders. You remain responsible for the full amount of any order you received, and we may pursue collection of amounts owed as permitted by law.

Nothing in this section limits any rights you may have under applicable law or under your card issuer’s dispute policies.

SECTION 9– 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.

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 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 11– MOBILE TERMS AND CONDITIONS

DirtyBirdUSA (Mobile Program Name: DirtyBird) offers its customers mobile marketing alerts regarding promotions, sales, offers, and cart reminders by SMS message (the “Service”) on 97081. Customers may also sign up to receive mobile alerts regarding orders, shipping updates, and delivery notifications by SMS message (the “Service”) at 1-800-992-5060. By participating in the Service, you are agreeing to these Terms and 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 18 years old. Before the Service will start, you will need to agree to these Terms. DirtyBirdUSA reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

  1. Authorize  DirtyBirdUSA to use an automatic telephone dialing system to send recurring automated 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 us at [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) 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. Sales
  2. Promotions
  3. Offers
  4. Cart reminders
  5. Back-in-stock alerts
  6. Price drop alerts
  7. Low inventory alerts

Once you affirm your choice to opt-in to the Service on 1-800-992-5060, your message frequency may vary. You may receive alerts about:

  1. Order confirmation
  2. Order Updates
  3. Shipping Updates
  4. Delivery Notices

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 include major U.S. wireless carriers and many regional carriers.
Sprint, Alltel, Virgin Mobile, nTelos, and MetroPCS (now Metro by T-Mobile) no longer operate under those names.. The Service may not be available on all wireless carriers. DirtyBirdUSA may add or remove any wireless carrier from the Service at any time without notice. DirtyBirdUSA 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 DirtyBirdUSA, text the word STOP to 97081 or 1-800-992-5060 any time or reply STOP to any of the text messages you have received from DirtyBirdUSA. This is the exclusive method for opting out. After texting STOP to 97081 or 1-800-992-5060, you will receive one additional message confirming that your request has been processed. You may also opt out by any other reasonable means, including by emailing [email protected].

Questions

You can text HELP for help at any time to 97081 or 1-800-992-5060. This will provide you with our customer support email address at [email protected].  

Changes to Terms

These mobile terms and conditions are subject to change at any time without notice.

SECTION 12– 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 13– 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 are 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 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 the 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 14– PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Identification documents uploaded for California ID verification are handled as described in our California ID Verification (AB-1263) Policy.

SECTION 15– 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 16– 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, state, or local 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 17– 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.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIRTY BIRD INDUSTRIES, LLC’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PRODUCTS SOLD ON THIS SITE SHALL NOT EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM.

Products are covered by the manufacturer’s warranty, where one is offered, and by our Refund / Return Policy; Dirty Bird Industries, LLC makes no separate warranty of its own except as expressly stated in the Dirty Bird Zero Risk Guarantee Program Terms.

SECTION 18– 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 19– 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 20– 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 21 – 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 the following policies, each incorporated by reference — our Privacy Policy, Refund / Return Policy, Shipping Policy, California ID Verification (AB-1263) Policy, and the Dirty Bird Zero Risk Guarantee Program Terms — together with any other policies or operating rules posted by us on this site, constitute 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.

If these Terms conflict with one of the policies listed above on that policy’s specific subject, the more specific policy controls, except that Section 12 (Arbitration and Class Action Waiver) always applies

SECTION 22 – FIREARM, AMMUNITION AND RESTRICTED ITEM SALES

RESTRICTIONS BY LOCATION: Restrictions by state, county, and city on firearms, receivers, AR and AK parts, magazines, ammunition, projectiles, hazardous materials, Tannerite, and flamethrowers are listed in our Shipping Policy, which is incorporated into these Terms by reference and updated as laws change. You are responsible for knowing and complying with all federal, state, and local laws that apply to your order. Dirty Bird will not ship any items to the District of Columbia [DECISION D1: or to Massachusetts].

FIREARMS AND DEALERS: Firearms, receivers, and serialized components ship only to a valid Federal Firearms License (FFL) holder and never to a P.O. Box. NFA items require a dealer with Special Occupational Tax (SOT) status, and firearm transfers to California residents require a California Firearms Dealer (CFD). Before ordering, confirm that your dealer accepts transfers and agree to their transfer fee. FFL selection at checkout is for convenience only and does not mean we have that dealer’s license on file. You are responsible for all costs of returned firearms due to dealer refusal or failure to receive them, for reshipment charges, and for additional shipping if you change dealers after your order ships. If a dealer is not available at delivery, the package will be returned to Dirty Bird Industries.

AGE AND RESIDENCY: To 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 and 21 years of age or older to complete the transfer through your FFL. Military personnel stationed in a state other than their legal residence may purchase firearms across state lines; your receiving FFL may require proof of station or residence.

CALIFORNIA: Only handguns on the California DOJ roster are eligible for shipment to California; Single Shot Exemption models are not eligible. Certain products require identity and address verification for California residents under AB-1263, as described in our California ID Verification Policy, and delivery may require ID and signature. Beginning July 1, 2027, firearm barrels sold separately to California residents must ship to a California-licensed dealer under SB-704.

MAGAZINES: We do not ship magazines that exceed the capacity limit for the shipping address. We do not ship high-capacity magazines with firearms to restricted locations, we will not replace them with compliant magazines, and we do not offer refunds in place of them. Orders for magazines that are illegal in the customer’s location will be canceled. Dirty Bird will not ship high-capacity magazines for California customers to a High Capacity Magazine Dealer; California High Capacity Magazine Dealers may order from Dirty Bird directly.

AMMUNITION: By purchasing ammunition, you certify that you are at least 21 years of age (handgun ammunition) or 18 years of age (rifle ammunition); that you are not violating any local, state, or federal law; that you have not been convicted of a felony or a misdemeanor crime of domestic violence; that you are not an unlawful user of or addicted to any controlled substance; that you have no legal restraint prohibiting you from possessing, ordering, owning, or transferring ammunition; that you have never been committed to a mental institution or adjudicated as mentally defective; and that you will not sell ammunition to any minor. Ammunition ships only to a physical address. Some states require shipment to an FFL or a copy of a permit or ID before shipment, as listed in our Shipping Policy.

HAZARDOUS MATERIALS: Hazardous materials, including ammunition, primers, black powder, batteries, and flammable or aerosol products, must ship to a physical address and ship via FedEx only with direct signature.

LAW ENFORCEMENT EXEMPTIONS: Law enforcement officers must provide both their credentials and a letterhead signed by their department’s superior officer stating that the firearm or magazine will be used in the execution of the officer’s duties or off duty. Dirty Bird only recognizes City Police Officers, County Sheriff Deputies, and State Police (including Highway Patrol) as law enforcement officers. Some states do not have law enforcement exemptions, so please contact us before placing your order. Dirty Bird does not ship directly to officers; the order must go to an FFL.

FLAMETHROWERS: Flamethrower restrictions are listed in our Shipping Policy. California-compliant models are available. You are responsible for understanding and following all applicable laws.

SECTION 23 – 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 24 – 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 the State of California, without regard to its conflict-of-law principles, except that the Federal Arbitration Act governs Section 12

SECTION 25 – 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 26 – CONTACT INFORMATION

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

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