By using www.gunbroker.com, any of its subdomains
or any other Web site on which a link to this agreement appears (collectively, the
“Site”), you agree to the following terms with GunBroker.com, LLC and its affiliated
companies (“GunBroker.com” or “we”) regarding use of the Site and the
services offered on the Site. Before being permitted to act as a registered user
of the Site, you must read and accept all of the terms in, and linked to, this GunBroker.com®
User Agreement (this “Agreement”). By accepting this GunBroker.com User Agreement,
you agree that this Agreement, as well as the linked documents made a part of this
the Site and its related services. Some GunBroker.com websites may have additional
or other terms that we provide to you when you use those sites.
As used in this Agreement, “you” or “User” means both (i) the individual now registering
as a user of the Site or the existing user of the Site now agreeing to this GunBroker.com
User Agreement, as the case may be, and (ii) 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.
Please note: This Agreement and the Site Rules set forth how claims between us are resolved.
Under this Agreement, a User will not be able to proceed against us through a class or
representative action, but will only be able to pursue claims or seek relief against us on
an individual basis.
I. Registration and Posting
1. Eligibility and Accuracy of Information. By registering for an account
or using the Site, you represent that you are at least 18 years of age, and of the
age of legal majority in your state or country of residence, if older than 18. 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 Site. You agree that you will not allow
others to use your account, nor will you use your account or the Site on an outsourcing
basis or on behalf of third parties. You also agree not to use the Site if you are
temporarily or permanently suspended from using the Site.
2. Site Rules. In addition to the terms and conditions of this Agreement,
your use of the Site is conditioned upon your compliance with certain rules governing
selling and buying on the Site, password maintenance, postings and conduct on the
Site, and other matters. These rules, the majority of which are available
here but may also be found elsewhere as applicable on the Site (the
“Site Rules”), are hereby incorporated into this Agreement in their entirety.
3. Termination and Suspension. We agree to provide you access to the Site
and the services available on the Site only as authorized in this Agreement and
the Site Rules. We reserve the right to reject your user registration by notifying
you of our decision. Even after acceptance, we may terminate or suspend your
account and ability to use the Site 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 the Site 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 Site 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
below. 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.
4. Changes to Agreement. We reserve the right, in our sole discretion, to
any other document incorporated herein), at any time, by posting the revised Agreement
to the Site without further notice to you. Please check this Agreement periodically to
inform yourself of any changes. If we make material changes to this Agreement, we
will post such revised Agreement on our Site and notify you by email or otherwise as
permitted by law. Your continued use of the Site after
such changes are posted will constitute your agreement to such amended Agreement,
other document, or additional terms and conditions. This Agreement may not be amended
by you other than in a writing signed by both parties, and for purposes of this
sentence, “writing” does not include email, and “signature” does not include an
5. Postings by Users. We provide sellers with tools and instructions for
posting items for sale on the Site (each such item, a “Listing”). In addition, buyers,
sellers or registered users may communicate with other users on the Site or post
text, graphics, pictures and other content on the Site (any such material, “Postings”).
We have the right, but not the obligation, to monitor, edit, refuse to post, or
remove any Posting or Listing from the Site, in our discretion. Notwithstanding
this right, we are not responsible for the content of Listings or Postings posted
by Users. Monitoring of Postings and Listings by us is not intended to verify the
accuracy of the information contained therein and should not be relied upon by you
for any purpose.
6. Accuracy. You represent and warrant that all information given to us (including
your name, address and other information associated with your account (“User Information”)),
and all information communicated to other users of the Site, whether in a Listing
or a Posting, is true, accurate, up-to-date and not misleading.
7. Privacy. We do not use your personal information to send you marketing
emails without your explicit consent. We also do not sell or rent your personal
information to non-affiliated third parties for their marketing purposes without
your explicit consent. We use your information only as described in the GunBroker
We store and process your personal information on computers located in the United States
that are protected by technological as well as physical security devices. You can
access and modify the information you provide us and choose not to receive certain
communications by modifying your preferences. For a complete description of how
your personal information may be used on the Site and your choices in this regard,
at the time of registration, and all information regarding transactions on the Site.
which is incorporated herein by reference. If you object to your personal information
8. Third Party Websites. The Site may contain links to third party websites
as well as third party advertisements. GunBroker.com is not responsible for and
has no liability for the privacy or other practices of any such third party. We
recommend that you review the privacy policies of each website you visit.
II. Transactions on the Site
1. Fees. You agree to pay the applicable fees for using the Site, and you
understand that ALL FEES PAID TO US ARE NON-REFUNDABLE. A list of the applicable
fees appears on our Fees page, which is incorporated in its entirety in this
Agreement. You hereby agree that:
- Any returned check is subject to a $25.00 returned check fee.
- Payment terms are net 20, and a late fee of 1.5% per month or the highest rate permitted
by applicable law, whichever is less, will be assessed on all past due balances subject to a $0.50 minimum charge.
- Inactive accounts with credit balances will be charged $1.00 per month until such
time as the account has a zero balance. You may avoid these fees by logging in once
each six months.
- We reserve the right to require ACH, a deposit, or other form of payment guarantee
for accounts that are habitually past due, are past due more than 90 days, or for
any other reason we deem necessary.
2. Credit Cards and ACH Direct Payments. By placing a credit card or ACH
direct payment account on file with us you authorize us to charge your card for
any fees you accrue as a result of using the Site. Fees may include the reimbursement
to GunBroker.com under the Buyer’s Protection Policy. You authorize us to consolidate
balances from any duplicate accounts you may have created on our Site and bill them
to your credit card or ACH direct payment account. You may revoke your authorization
by sending us a written request to GunBroker.com, LLC, P.O. Box 2511, Kennesaw, Georgia,
30156. We may continue to bill your credit card or direct payment account for any
fees for any services rendered or actions by you or by us taken prior to the receipt
of your written revocation. Our billings may appear under the name “GunBroker.com,
LLC” or “GunBroker.com.”
BY USING A CREDIT CARD YOU HEREBY UNCONDITIONALLY WAIVE ANY AND ALL CHARGEBACK RIGHTS
YOU MAY HAVE. If you have any question about a charge on your credit card, contact
us as described in the Notices section below. If you deliberately or inadvertently
issue a chargeback to your credit card, your account will be terminated and you
agree to pay a $50 processing and collection fee.
3. Past Due Accounts. If a seller’s account is past due, we reserve the right
to void, suspend and/or terminate his or her auction listings, and may terminate
his or her account. If your account is more than 30 days past due, we reserve the
right to report this transaction history to credit agencies, as well as to void
promotional offers, including free or discounted listings. Accounts that are, or
have been, past due will have their credit limit reduced to zero and past due balances
will be subject to a late fee of 1.5% per month or the highest amount permitted
by applicable law, whichever is lower. If you fail to pay the past due amounts,
we may turn your account over to a collection agency and we reserve the right to
pursue civil and criminal legal actions to the fullest extent allowed under the
law. If your account is past due, you also must pay any and all collection costs
(including collection agency fees, court costs and legal fees) we might incur in
connection with your past due account.
4. Only a Venue. You agree and acknowledge that we are not a traditional
auctioneer. The Site is only an advertising venue for the sale of firearms, accessories
and related items (“Items”) by means of an electronic bidding format. We are not
involved in the actual transaction between buyers and sellers, and we make no representation,
and give you no assurance, that:
- The persons using the Site (i) are not misrepresenting their identity, location
or authority to enter into contracts, and (ii) are of legal age and capacity to enter
- A seller placing an Item on the Site is able to or will complete the sale of the
Item or deliver the Item to the buyer, or that a buyer bidding on an Item is able
to or will complete the purchase of an Item from a seller.
- A seller has truthfully and accurately described an Item placed on the Site.
- An Item listed for sale on the Site exists, or is (i) safe, (ii) of any particular
quality, (iii) non-infringing with regard to the intellectual property rights of any
person or entity, or (iv) free from liens, encumbrances or contractual claims attributable
to seller, or that an Item may be legally sold by the seller.
- The sale and transfer of an Item complies with any or all applicable legal requirements
for the sale, transfer and transport of that Item, including but not limited to
statutes, regulations or requirements of any country, state, locality, province,
municipality or other government authority or regulatory entity regarding sales
or auctions, the sale and/or transfer of any Item (including firearms, ammunition,
black powder or any other item), export or import control, taxation, duties or tariffs,
presence or licensing of brokers (the foregoing, “Legal Requirements”).
5. Buyers and Sellers.
a. Buyer Undertakings. Placing a bid constitutes entering into a binding
legal contract with the seller to purchase the Item on the terms stated in this
Agreement, the Site Rules and in the Listing, if your bid is the winning bid. You
agree that if your bid is the winning bid, you will complete the purchase of the
Item on such terms. All payments for Items purchased on the Site shall be remitted
to the seller (we do not accept payment in any form for the Items bid on by buyers).
You agree that you will not bid on any Item unless the transfer and transport of
that Item to you can be done in accordance with all Legal Requirements. You represent
and warrant that you are bidding on all Items only for your own account and not
for the benefit of any third party.
b. Seller Undertakings.
(i) Listing an Item constitutes entering into a binding legal contract with the
buyer to sell the Item on the terms stated in this Agreement, the Site Rules and
in the Listing, if the buyer’s bid is the winning bid. You agree to complete the
sale of all listed Items on such terms.
(ii) You represent to us that (A) you have the legal right to sell the Items you
list, and (B) the sale of your Items on the Site will not (1) be fraudulent or involve
the sale of counterfeit or stolen items, (2) shall not infringe any parties’ copyright,
patent, trademark, trade secret or other proprietary rights or rights of publicity
or privacy, or (3) violate any Legal Requirement (including without limitation those
Legal Requirements governing export or import control, consumer protection, unfair
competition, anti-discrimination or false advertising).
c. Legality of Purchase and Shipment. If you sell or purchase firearms on
the Site, you agree to comply with all applicable Legal Requirements governing the
specific requirements for transfer and shipping of firearms, including without limitation
those found in the Site Rules (which shall apply regardless of any contrary information
contained in a seller’s Listing). You covenant and agree that: (i) you will comply
with all applicable Legal Requirements (as defined above) in listing, selling, purchasing,
transferring and shipping Items; (ii) you shall be solely responsible for compliance
with all applicable export or import controls with respect to these transactions
with respect to Items purchased or sold by you, (iii) you shall comply with all Legal
Requirements regarding the reporting, collection, withholding and payment of all
taxes and duties applicable to the sale, export and transport of each Item; (iv)
you shall not engage in bid rigging or sale price manipulation of any kind on any
Item; and (v) you shall comply with the following required terms of sale on the
- In the U.S., Firearms (as defined below) must be shipped only to a Federal Firearms
License (FFL) holder. Buyer must transmit a copy of his/her (or his/her transfer
dealer’s) license to the seller before the Item can be shipped. Buyer must make
arrangements with a
Transfer Dealer before placing a bid. For purposes of this Agreement,
“Firearms” and “Ammunition” shall have the meanings given in the Gun Control Act
of 1968, 18 U.S.C. §§ 101 et seq.
- Items may not be sold or shipped contrary to state and local Legal Requirements,
which may vary considerably. For example, Items such as Ammunition or knives may
require government-issued proof of age before they can be shipped to certain states,
and in some states, certain types of knives or Ammunition may not be sold or shipped
d. U.S. Requirements. If you or the Items you are bidding upon are
located within the U.S. or owned by persons located within the U.S., you additionally
warrant that you are familiar with the U.S. statutes and regulations governing export
controls, sanctions and embargoes, and you additionally agree that: (i) you are
not a national of or located in any country embargoed by the United States, and
(ii) you are not on the Excluded Parties
List System, the Specially
Designated Nationals List, or the
Denied Persons List, and You are not listed on any other lists maintained
by the U.S. federal government which prohibits or restricts participating in commercial
or other transactions, and You are not using or accessing the Site on behalf of
a party who is on any such lists.
6. Taxation. You agree that GunBroker.com bears no responsibility for
the reporting, payment, collection and remittance of any sales/use tax, VAT tax,
transaction tax, transfer tax or any other fee or tax that may be assessed on any
sale or transaction conducted through the Site by any jurisdiction having taxing
authority over the sale or transaction. You agree that you are responsible for,
and will indemnify us against, any liability for any sales/use, VAT or similar transaction
tax that is or may be assessed by any jurisdiction with respect to the fees charged
to sellers by us. You agree to defend, indemnify and hold us harmless from and against
any and all liabilities, damages and costs that may result from inadequate reporting,
payment, collection or remittance by you of any taxes relating to transactions conducted
on the Site, except taxes imposed on or measured by our income or net worth.
7. Release. You acknowledge and agree that we do not take title to or possession
of any Item being sold on the Site, and we are not a principal in the transactions
on the Site, nor are we your agent or an agent of any seller or other buyer. Because
we are not and cannot be involved in dealings between users of the Site, in the
event that you have a dispute with another user (whether a buyer or seller), you
hereby release us, our directors, officers, employees and agents from and against
any and all claims, demands and damages (actual, special, incidental and consequential, and including
attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says:
"A general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor.”
8. We Are Not the Seller; Transfer of Title. We do not transfer legal ownership
of Items from the seller to the buyer, and nothing in this agreement shall modify
the governing provisions of Georgia Uniform Commercial Code § 11-2-401(2) and Uniform
Commercial Code § 2-401(2), under which legal ownership of an item is transferred
upon physical delivery of the Item to the buyer by the seller. Unless the buyer
and the seller agree otherwise, the buyer will become the Item's lawful owner upon
physical receipt of the item from the seller, in accordance with governing law cited
9. Assignment of Claim. In the event that you receive compensation under
our Buyer’s Protection Program, you hereby irrevocably assign and transfer to GunBroker.com
any and all claims and rights of action (whether at law or in equity, under
this Agreement or otherwise) against the seller of the Item for which you received
compensation under the Buyer’s Protection Program, in connection with the purchase
of the Item for which you received compensation.
III. Intellectual Property
1. Use of Content. All materials, including images, text, illustrations,
designs, icons, photographs, programs, music clips or downloads, video clips and
written and other materials that are part of the Site (collectively, the “Content”)
are intended solely for personal, non-commercial use in connection with the services
provided on the Site. No right, title or interest in any materials or software is
transferred to you as a result of any use by you. You may not download, reproduce,
publish, transmit, distribute, display, modify, create derivative works from, sell
or participate in any sale of or exploit in any way, in whole or in part, any of
the Content, the Site or any related software. All software used on the Site is
the property of GunBroker.com or its licensors and suppliers and protected by U.S.
and international copyright laws. The Content and software on the Site may be used
only as a resource for the marketing, sale and purchase of firearms and other items
on the Site. Any other use, including the reproduction, modification, distribution,
transmission, republication, display, or performance, of the Content on the Site
is strictly prohibited.
2. Copyrights and Trademarks. Unless otherwise noted, all Content constitutes
copyright, trademark, service mark, trade dress and/or other intellectual property
owned, controlled or licensed by us or by third parties who have licensed their
materials to us and are protected by U.S. and international intellectual property
laws. The compilation (meaning the collection, arrangement, and assembly) of all
Content on the Site is the exclusive property of GunBroker.com, or its affiliates
(including S&T Tech, LLC), and is also protected by U.S. and international copyright
”GUNBROKER.COM®”, the GUNBROKER.COM bullet logo, “THE BIDDING STARTS NOW®”, and
other GunBroker.com names and logos and all related product and service names, design
marks and slogans used on the Site are the trademarks or service marks of GunBroker.com
or its affiliates (including S&T Tech, LLC). All other marks are the property
of their respective companies. No trademark or service mark license is granted in
connection with the materials contained on the Site. Access to the Site does not
authorize anyone to use any name, logo or mark in any manner.
You may not use meta tags or other hidden text utilizing GunBroker.com’s name or
trademarks without the express prior written consent of GunBroker.com.
3. Abuse of Site. You are prohibited from violating or attempting to violate
the security of the Site, or otherwise abusing the Site, including, without limitation,
(i) accessing data not intended for you or logging onto a server or an account which
you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization; (iii) attempting to interfere with service to any user, host
or network, including, without limitation, via means of submitting a virus to the
Site, overloading, "flooding," "spamming," "mailbombing"
or "crashing"; (iv) sending unsolicited email, including promotions and/or
advertising of products or services via the Site, or obtain other user information
from the Site in order to do so; (v) forging any TCP/IP packet header or any part
of the header information in any email or newsgroup posting; (vi) using any device,
software or routine to interfere or attempt to interfere with the proper working
of the Site or any activity being conducted on the Site or bypass any measures used
to restrict access to the Site; (vii) using or attempting to use any engine, software,
tool, agent or other device or mechanism (including without limitation browsers,
spiders, robots, avatars or intelligent agents) to navigate or search the Site other
than the search engine and search agents available from GunBroker.com on the Site
and other than generally available third party web browsers; or (viii) collecting information
about other users without their consent. Violations of system or network security
may result in civil or criminal liability.
4. Submissions. All reviews, comments, listing content, pictures, feedback, postcards, suggestions,
ideas, and other submissions disclosed, submitted or offered to us on or by this
Website or otherwise disclosed, submitted or offered in connection with your use
of the Site (collectively, the "Comments") shall be and remain GunBroker.com
property. Such disclosure, submission or offer of any Comments shall constitute
an assignment to us of all worldwide right, title and interest in and to all copyrights
and other intellectual property in the Comments. As a result, we will own exclusively
all such right, title and interest and will not be limited in any way in our use,
commercial or otherwise, of any Comments.
IV. Our Limits of Liability
1. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SITE AND THE SERVICES
ON THE SITE ARE ENTIRELY AT YOUR OWN RISK. THE SITE AND SERVICES, INCLUDING ALL
CONTENT, ITEMS, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED
THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" "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 SITE 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 SITE OR ANY
TRANSACTION ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS
OR BREACHES COMMITTED BY ANY USER OF THE SITE.
2. LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, NONE OF GUNBROKER.COM, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS,
EMPLOYEES OR AGENTS (COLLECTIVELY, “GB 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 SITE OR SERVICES, OR RELATED TO THE INFORMATION,
CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE SITE, BY ANOTHER USER OR
BY UNAUTHORIZED ACCESS TO THE SITE, DELAYS OR DISRUPTIONS IN OUR SITE, ACTIONS TAKEN
BY THIRD PARTIES THROUGH OUR SITE, ACTIONS TAKEN RELATED TO YOUR ACCOUT, OR VIRUSES
OR MALWARE OBTAINED BY USING OUR SITE OR LINKS ON OUR SITE (INCLUDING WITHOUT LIMITATION,
LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, LOSS OF GOODWILL OR REPUTATION,
BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE
HAVE 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 GB 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 SITE 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 hereby release all GB Parties from claims and all liabilities of every kind, known
and unknown, arising from disputes between you and other Users. By entering into this
Agreement, you hereby waive any statutory or other type of protections that would otherwise
limit this release to covering only known or suspected claims at the time of this release.
If you are a California resident, you waive California Civil Code §1542, which says:
"A general release does not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor.”
3. Indemnification: You shall indemnify, defend and hold the GB Parties harmless
from and against any and all claims, losses, damages, liabilities, judgments and
fees and expenses related thereto (including, without limitation, reasonable attorneys’
fees), incurred by a GB 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 log-in: (i) any breach or violation of this Agreement, (ii) any use of
the Site, (iii) a dispute with another User (except for monies received by you under
our Buyer’s Protection
Program), (iv) any violation of any applicable law or regulation
governing Your activities on or off of the Site, or (v) 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.
V. Governing Law, Dispute Resolution in Georgia and Other Terms
1. International Users; Choice of Law. The Site is controlled, operated
and administered by GunBroker.com, which is based within the United States.
We make no representation that functions or information found at the Site are appropriate
or available for use at other locations outside of the United States and access
to them from territories where their contents are illegal is prohibited. You may
not use the Site or export the information found on or at this Site in violation
of U.S. or other export laws and regulations. If you access this Site from a location
outside of the U.S., you are responsible for compliance with all laws applicable
to you. This Agreement, all matters arising from or relating to the your use of
the Site, and any and all claims arising out of your relationship with the GB Parties
shall be governed by and in accordance with the laws of the State of Georgia, 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.
2. Dispute Resolution; Attorneys’ 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 SITE SHALL BE INSTITUTED
EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF
GEORGIA, 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 SITE. Notwithstanding the foregoing,
GunBroker.com reserves the right 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 out of this User
Agreement or your use of the Website or the Services, regardless of form or the
basis of the claim, more than one (1) year 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 of the time limit in violation
of this Section, GunBroker.com shall be entitled to recover from you its reasonable
attorney’s fees in responding to such action.
3. Exclusion of Class Actions.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND GUNBROKER.COM AGREE
THAT (A) EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS,
(B) WE BOTH HEREBY WAIVE ANY RIGHT TO BRING CLAIMS AS PART OF ANY CLASS OR REPRESENTATIVE
ACTION OR PROCEEDING, (C) UNLESS BOTH YOU AND GUNBROKER.COM AGREE TO THE CONTRARY, MORE
THAN ONE PARTY'S CLAIMS MAY NOT BE CONSOLIDATED OR JOINED BY THE APPLICABLE COURT, AND
(D) ANY RELIEF AWARDED TO YOU CANNOT AFFECT OTHER USERS, AND VICE VERSA.
4. Notices. Except as explicitly stated otherwise, any notices you send to
us shall be given by means of our electronic support system located at
or by mail to GunBroker.com, LLC, P.O. Box 2511, Kennesaw, Georgia 30156, or, in the
case notices we send to you, to the email address or street address listed in your
User Information in your account. 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 (3) days after the
date of mailing.
5. Electronic Execution. Your electronic acceptance of this Agreement on
the web site 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 agree to the admissibility
of computer records and electronic evidence in any dispute under this Agreement.
6. Independent Contractors. You and GunBroker.com are independent contractors.
No agency relationship, partnership, joint venture, employer-employee relationship
or franchisor-franchisee relationship is intended or created by this Agreement.
7. General Provisions. 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. The failure by either party to exercise or enforce any rights or provisions
of this Agreement (including the Site Rules or other document 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 Site from time to time, comprises the entire agreement between
you and GunBroker.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 Site). 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 GunBroker.com,
its affiliates, and you, and shall not be construed for the benefit of any