Table of Contents
- General Terms and Conditions
- Your Liability to Us
- Our Limits of Liability
- Your Representations to Us
- Governing Law, Dispute Resolution in Alabama and Other Terms
By using any of the services offered by GunzMart.com, you agree to the following terms:
GunzMart.com is an advertising system, where firearms buyers and sellers can establish contact and exchange information. All users are completely and exclusively responsible for the legality of subject matter and means of each actual transaction, including what is being sold or purchased, the parties involved in the transaction, and their legal ability to engage in the transaction. Users are advised to verify the identity of every buyer and seller. Sellers should protect their goods with shipping insurance, and take pictures of goods before shipping them. Both parties involved in a transaction are advised to save all communications and records of the transaction GunzMart.com is not and will not be involved in any actual transactions of merchandise between buyers and sellers.
As used in this Agreement, “you” or “user” means both (a) the individual now registering as a user of the Mart or the existing user of the Mart now agreeing to this Agreement, as the case may be, and (b) if applicable, the company or other business or governmental entity specified by you upon registration (any such entity, “your Company”). You and your Company, if any, are jointly and severally liable for your obligations under this Agreement.
INDEMNIFICATION: YOU SHALL INDEMNIFY, DEFEND AND HOLD GUNZMART, ITS AFFILIATES, MEMBERS, OR ANY OF THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “GM PARTIES”) HARMLESS AND INDEMNIFY THEM FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, JUDGMENTS AND FEES AND EXPENSES RELATED THERETO (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES), INCURRED BY A GM PARTY IN CONNECTION WITH ANY CLAIMS ARISING OUT OF, BASED UPON OR RESULTING FROM ANY OF THE FOLLOWING, WHETHER BY YOU OR BY A THIRD PARTY USING YOUR LOGIN: (A) ANY BREACH OR VIOLATION OF THIS AGREEMENT, (B) ANY USE OF THE MART, (C) A DISPUTE WITH ANOTHER USER (EXCEPT FOR MONIES RECEIVED BY YOU UNDER OUR BUYER'S PROTECTION PROGRAM), (D) ANY VIOLATION OF ANY APPLICABLE LAW OR REGULATION GOVERNING YOUR ACTIVITIES ON OR OFF OF THE MART, (E) ANY FALSE, OR INACCURATE REPRESENTATION OF ANY NATURE MADE BY YOU, OR (F) THE INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE OR OTHERWISE DISPOSE OF ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
DISCLAIMER OF WARRANTIES: YOU AGREE THAT USE OF THE MART AND THE SERVICES ON THE MART ARE ENTIRELY AT YOUR OWN RISK. THE MART AND SERVICES, INCLUDING ALL CONTENT, ITEMS, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE MART, ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE MART OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON THE MART OR ANY TRANSACTION ENTERED INTO THROUGH THE MART. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE MART SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE MART.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF GunzMart.com, ITS AFFILIATES, MEMBERS, OR ANY OF THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY “GM PARTIES”) SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE MART OR SERVICES, OR RELATED TO THE INFORMATION, CONTENT, AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE MART, BY ANOTHER USER, OR BY UNAUTHORIZED ACCESS TO THE MART (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION, LOSS OF INFORMATION, DISRUPTIONS OR DELAYS ON OUR WEBSITE, THIRD PARTY ACTIONS TAKEN THROUGH OUR WEBSITE, ACTIONS TAKEN RELATED TO YOUR ACCOUNT, MALWARE OR COMPUTER VIRUSES OBTAINED BY USING OUR WEBSITE, OR LINKS ON OUR WEBSITE) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE GM PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE MART SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) US $100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT.
YOU “THE USER” HEREBY RELEASE ANY AND ALL GunzMart.com PARTIES FROM ANY AND ALL LIABILITIES AND CLAIMS OF ANY KIND, UNKNOWN AND KNOWN, DISPUTES ARISING BETWEEN YOU “THE USER” AND ANY OTHER USER. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY WAIVE ANY STATUTORY OR ANY OTHER TYPE OF PROTECTIONS THAT WOULD OTHERWISE LIMIT THIS RELEASE TO COVERING ONLY SUSPECTED OR KNOWN CLAIMS AT THE TIME OF THIS RELEASE.
CALIFORNIA RESIDENTS: YOU “THE USER” HEREBY WAIVE CALIFORNIA CIVIL CODE 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR”.
Eligibility and Accuracy of Information: By registering for an account or using the Mart, you represent that you are at least 19 years of age, and of the age of legal majority in your state or country of residence, if older than 19. If you registered your Company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your Company each time that you use the Mart. You agree that you will not allow others to use your account, nor will you use your account or the Mart on an outsourcing basis or on behalf of third parties. By registering for an account or using the Mart, you represent that you have read this Agreement and those separate terms referred to herein, that you agree to be bound by the same, and that you verify and affirm the truth and accuracy of all information provided by you to GunzMart.com. You "the User" also agree to not use the GunzMart.com website if you are temporarily or permanently suspended from using the GunzMart.com website.
Mart Rules: In addition to the terms and conditions of this Agreement, your use of the Mart is conditioned upon your compliance with certain rules governing selling and buying on the Mart, password maintenance, postings and conduct on the Mart, and other matters. These rules, the majority of which are available here but may also be found elsewhere as applicable on the Mart (the "Mart Rules"), are hereby incorporated into this Agreement in their entirety.
Termination and Suspension: We agree to provide you access to the Mart and the services available on the Mart only as authorized in this Agreement and the Mart Rules. We reserve the right to reject your user registration by disabling your registered account on GunzMart.com, and we will notify the user of the decision to reject their registration. Even after acceptance, we may terminate or suspend your account and ability to use the Mart in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other users legal liability, harm, or loss, we reserve the right to notify other users of your actions. Should you object to any of the terms of this Agreement or any subsequent modifications thereto or become dissatisfied with GunzMart.com and related services in any way, your only recourse is to immediately: (i) discontinue use of the Site and services, (ii) terminate your membership, and (iii) notify us of termination. You may terminate this Agreement and your account with us only if you do not have active transactions on the website and if your account is paid in full. At any such time, you may terminate this Agreement and your account by notifying us in accordance with the Notices section. In addition, your account will be deemed inactive and closed if there is no activity on your account for one year. In the event your account is closed or terminated, it will be marked inactive in our systems, but we cannot delete your user information or transaction history.
International Users; Choice of Law: The Mart is controlled, operated, and administered by GunzMart.com, which is based within the State of Alabama in the United States. We make no representation that functions on information found at the Mart are appropriate or available for use at other locations outside of the United States. Access to the Mart from territories where their function or content are illegal is prohibited. You may not use the Mart or export the information found on or at the Mart in violation of U.S. or other export laws and regulations. If you access the Mart from a location outside of the U.S., you are responsible for compliance with all laws applicable to you but this Agreement prohibits your acceptance of services of the Mart. This Agreement, all matters arising from or relating to the your use of the Mart, and any and all claims arising out of your relationship with the GM Parties shall be governed by and in accordance with the laws of the State of Alabama, excluding (i) its conflicts of laws provisions, (ii) the United Nations Convention on Contracts for the International Sale of Goods, and (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended.
Dispute Resolution; Attorney's Fees: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE MART SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF MORGAN, STATE OF ALABAMA, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON THE MART. FOR AND IN CONSIDERATION OF THE PREMISES, THE USER EXPRESSLY WAIVES THE RIGHT TO TRIAL BY JURY. NOTWITHSTANDING THE FOREGOING, GunzMart.com RESERVES THE RIGTH TO INSTITUTE PROCEEDINGS IN ANY JURISDICTION IN ORDER TO (i) OBTAIN INTERIM OR PROVISIONAL RELIEF PENDING RESOLUTION OF A DISPUTE OR (ii) COLLECT FROM YOU ANY MONIES DUE UNDER THIS AGREEMENT OR UNDER AN AWARD OF THE COURT DESCRIBED ABOVE. YOU MAY NOT BRING ANY ACTION ARISING OUR OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR THE SERVICES, REGARDLESS OF FORM OR THE BASIS OF THE CLAIM, MORE THAN TWO YEARS AFTER THE CAUSE OF ACTION HAS ARISEN (OR IF MULTIPLE CAUSES, FROM THE DATE THE FIRST SUCH CAUSE AROSE). IN THE EVENT THAT YOU BRING AN ACTION IN AN IMPROPER FORUM OR OUTSIDE THE TIME LIMIT IN VIOLATION OF THIS SECTION, GunzMart.com SHALL BE ENTITLED TO RECOVER FROM YOU ITS REASONABLE ATTORNEY’S FEES IN RESPONDING TO SUCH ACTION.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND GunzMart.com AGREE THAT (i) EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, (ii) WE BOTH HEREBY WAIVE ANY RIGHT TO BRING CLAIMS AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (iii) UNLESS BOTH YOU AND GunzMart.com AGREE TO THE CONTRARY, MORE THAN ONE PARTY'S CLAIMS MAY NOT BE CONSOLIDATED OR JOINED BY THE APPLICABLE COURT, AND (iv) ANY RELIEF AWARDED TO YOU CANNOT AFFECT OTHER USERS, AND VICE VERSA.
Notices: Except as explicitly stated otherwise, any notices you send to us shall be given by means of our electronic support system or by mail to GunzMart.com or, in the case notices we send to you, to the email address or street address listed in your account information. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three days after the date of mailing.
Electronic Execution: Your electronic acceptance of this Agreement on the website on which it is displayed shall constitute your acceptance of all terms and conditions of this Agreement and such acceptance shall have the same legal force and effect as if you had physically signed such Agreement. You consent and agree to the admissibility of all computer records and electronic evidence of the GunzMart.com in any dispute under this Agreement.
Independent Contractors: You and GunzMart.com are independent contractors. No other relationship of any nature is intended or created by this Agreement. The existence of the following relationships is expressly disavowed, to wot, agency relationship, partnership, joint venture, employer-employee relationship or franchisor-franchisee.
Additional General Provisions: The failure by either party to exercise or enforce any rights or provisions of this Agreement (including the Mart Rules or other documents incorporated by reference herein) shall not constitute a waiver of such right or provision. This Agreement, including any other applicable terms and conditions or rules that govern your use of individual services, which are either incorporated herein by specific reference or posted on the Mart from time to time, comprises the entire agreement between you and GunzMart.com and supersedes all prior representations, agreements, or statements between us, written or oral, regarding the subject matter contained herein (including any prior user agreement for the Mart). If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of this Agreement and the remainder of this Agreement shall continue in full force and effect. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement. The titles and headings contained in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of this Agreement. This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign this Agreement to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void. This Agreement is solely for the benefit of GunzMart.com, its affiliates, and you, and shall not be construed for the benefit of any third party.