Terms & Conditions (User Agreement)
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 Gunadsusa.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.
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.
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. Our billings may appear under the name “QCB Media, LLC” or “Gunadsusa.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 into contracts.
- 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 Site:
- 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 at all.
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 theDenied 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 Gunadsusa.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. 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.
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 Gunadsusa.com, or its affiliates (including QCB Media, LLC), and is also protected by U.S. and international copyright laws.
Gunadsusa.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 Gunadsusa.com or its affiliates (including QCB Media, 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 Gunadsusa.com’s name or trademarks without the express prior written consent of Gunadsusa.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 Gunadsusa.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 Gunadsusa.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 GUNadsusa.COM, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, “GAU 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 GAU 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 GAU 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 GAU 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, (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 Kansas and Other Terms
1. International Users; Choice of Law. The Site is controlled, operated and administered by Gunadsusa.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 GAU Parties shall be governed by and in accordance with the laws of the State of Kansas, 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 JOHNSON, STATE OF KANSAS, 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, Gunadsusa.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, Gunadsusa.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 GUNADSYSA.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 GUNADSUSA.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 http://www.gunadsusa.com/contact
or by mail to Gunadsusa.com, P.O. Box 4732, Olathe, Kansas 66063, 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 Gunadsusa.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 Gunadsusa.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 Gunadsusa.com, its affiliates, and you, and shall not be construed for the benefit of any third party.
The following describes the rules for use of the services provided by this Web Site. We reserve the right to supplement, revise or update these Site Rules at any time. Your continued use of the Site following such amendment means you accept and agree to any such updates, revisions and additional rules.
Use of Our Services. Our services are only available to individuals who can form legally binding contracts under applicable law. Our services are not available to minors. If you do not qualify for an account for this reason, please do not use our services. This Site provides a forum for buyers and sellers to engage in transactions for products related to firearms, knives, swords, hunting equipment, and accessories (“Items”). We are not involved in the transactions between buyers and sellers ourselves and we are not responsible for the outcome of a transaction except to the extent described in these rules and in the User Agreement.
Auctions. We provide an advertising venue for sellers to list and sell Items and buyers to bid on and purchase Items. We do this through classified ads and an auction-like format, although we are not auctioneers. When a seller lists an Item, the seller provides basic information about the Item, sets out the terms of the sale (which may vary from the basic terms in these rules in some instances), and the seller may, if he chooses, set a reserve price, a minimum bid or starting bid. Below you will find further information and rules on selling and bidding on the Site.
The winning bidder is the highest bidder on the Item, or in the event of a tie, the bidder who placed the highest bid first. In the case of a reserve price auction, a bid is only a winning bid if it meets or exceeds the reserve price on the Item.
1. Registration Accuracy. In order to use our Site you must first Register. You must provide true and accurate User Information about yourself in the registration form. It is your responsibility to keep this information up-to-date. It is a violation of U.S. federal law to make bids in a false name or with an invalid credit card, even if our software initially accepts such a bid. Please be aware that even if you do not provide your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Do not test our auctions with false bids. This puts you at substantial personal legal risk. Fraudulent bidders will be prosecuted to the fullest extent of the law. Currently, various state, federal and international law enforcement agencies, including the U.S. Department of Justice, Federal Bureau of Investigation (FBI) and the U.S. Secret Service, have become involved in investigating Internet fraud cases.
2. Member Account, Password and Security. Once you register, you will receive a User ID and a password. You are responsible for maintaining the confidentiality of your User ID and your password. You are also entirely responsible for any and all activities that occur under your User ID and password. You must notify us immediately if you become aware of any unauthorized use of your User ID and password or any other breach of security relating to Your User ID and password and the Site.
1. Listing. Once you list an Item for auction it becomes an irrevocable offer to sell the Item to the winning bidder. Once there is a winning bid, you have a binding legal agreement to sell the listed Item to the winning bidder under the User Agreement, these Site Rules, and according to the terms of your listing for the Item. Once you list an Item and receive a winning bid, you cannot withdraw it from sale. Please carefully consider these obligations before you place an Item for auction.
2. Listing Content. A Listing must offer a specific product or service at a specific price. Any Listing we consider to be general advertising instead of an offering of a specific product or service may be removed at our sole discretion. We reserve the right to remove an auction Listing for violations of law, violations of these Site Rules or the User Agreement, or in our sole discretion. We may move a Listing to another category if we consider the Listing inappropriate for the listed category, so put your Listings in the most appropriate category. You hereby grant to us and our affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and license to exercise the copyright, publicity, and database rights you have in any Listing, Posting or content you post to the Site, in order to allow us to (i) list the content on the Site, (ii) update or improve the Site and any relevant Services, and/or (ii) make use of such Listings, Postings or content for uses related to the Site including electronic or print publications, reference materials or reports to third parties regarding sales and listings on the Site. (Any such publications or reports made available to third parties, other than in the context of law enforcement, will not include any user’s personal information.)
Your description of the Item must be accurate and truthful. Adding additional unrelated keywords to your Listing to make it appear through our search facilities is prohibited. Item titles may not be in ALL CAPS. We do not allow the posting of multiple Listings for the same item; excessive duplicate Listings may be removed at our sole discretion without notice.
3. Prohibited Listings. You must have the legal right to sell any Items you list on our Site. You may not list the following on our Site: (a) live animals; (b) human body parts (e.g., relics, skulls, human remains or other parts); (c) bulk email lists; (d) illegal weapons, instructions, kits, plans, or parts designed to illegally convert firearms to full-auto fire; (e) instructions, kits, plans, or parts designed to illegally build silencers; (f) instructions on how to build bombs or explosives; (g) unauthorized replicas, (h) items containing faces, names or signatures of any person unless authorized by that person; (i) hazardous, restricted or toxic materials or substances; or (j) multi-level marketing or similar programs. You may not list any Item that would cause us or you to violate any applicable law, statute, ordinance or regulation. You may not list any Item that is stolen or counterfeit. Your Listing may not be defamatory, libelous, threatening or harassing; and it may not contain obscenity or child pornography.
4. Viruses, Etc. You may not use the Site to distribute viruses or other technologies that may harm the Site or the interests or property of us or of any other User.
5. Non-U.S. Sellers. Non-U.S. sellers are prohibited to list Items for sale on the Site.
6. Account type. When registering on the Site you must identify as and individual or Dealer/Business. A Dealer/Business is a person or entity with a FFL, State sales tax ID or
1. Bidding. If you place a bid on an Item it is an irrevocable offer to buy the Item at the price in the bid. If you place the winning bid, you have a binding legal agreement with the seller to buy the Item at the winning bid price on the terms in the Item listing and according to these Site Rules. You must resolve any questions you have about the Item by contacting the seller of the Item before placing a bid. Do not place a bid until you are sure that you understand what you are bidding on and, if necessary, after you have received answers to any questions you have from the seller.
Once a bid is placed, you may not cancel or retract the bid without the permission of the seller. The seller is not obligated to grant permission to retract or cancel a bid, and this Site will not request permission from the seller for a bid retraction or cancellation on your behalf. Any bid cancellation must be worked out between bidder and seller without assistance from the Site.
Bidding is subject to bid increments and Items may be subject to a minimum bid.
2. Payment. This Site does not accept payment in any form for any Items. Bidders/buyers must remit payment directly to the seller for any Item won/purchased.
Terms of Sale
1. Basic Terms of Sale. Unless the listing terms for a particular Item are different, the basic terms of sale of an Item are as follows:
- Buyer pre-pays in U.S. funds by cash, personal or business check, bank check, money order, or Escrow services.
- Personal or business checks may be held by seller until they clear (maximum of ten business days).
- Buyer pays cost of shipping and insurance as described in the listing.
- Title to the Item passes upon delivery of the Item to the buyer.
- Payment must be received within 10 days of initial contact by seller after auction closes.
- Item is guaranteed to be working and as described when delivered; no other warranty (express or implied) is offered by seller.
- Items must be shipped promptly upon clearance of funds.
- Seller (or seller’s common carrier) is responsible for the Item until the Item is received by the buyer or the buyer’s transfer dealer.
In general, no transaction should take over 30 days from the close of an auction/listing until the buyer receives the Item. We strongly recommend insuring all shipments and using delivery confirmation wherever possible.
2. Required Terms of Sale. The following terms of sale may not be modified by the terms of any Listing for a particular Item; any attempt to do so will be invalid and these terms will control.
- Firearms must be shipped only to a Federal Firearms License (FFL) holder. Buyer must mail or fax 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, if applicable, before placing a bid.
- Items such as ammunition or knives may require you to send the seller a copy of government-issued proof of age such as a copy of your driver’s license or passport) before the item can be shipped.
Auction listings display the scheduled closing time for the auction. If there is bidding activity on the auction within 1 minute of when the auction is scheduled to close, the auction automatically extends for 1 minute.
1. Fees. Our fees are detailed on our Fees page. We may add, delete or change some or all of our services and fees at any time in our sole discretion, and any such change will take effect without further notice to you. It is your responsibility to check these rules and the Fees page before you engage in a transaction. Unless otherwise stated, all fees are quoted in U.S. dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur when you bid, buy, list or otherwise access our Site. ANY AND ALL PAYMENTS MADE TO US ARE NON-REFUNDABLE. This rule applies whether or not the Item sells.
2. Advertising Services. Payment for any of our advertising services (Top of Page Banner Ads, Category Sponsorships, Newsletter or Opt-In Mail Advertising, etc.) is non-refundable.
1. Refusal of Service and Indemnification. We reserve the right to refuse service to anyone. We will exercise this right with buyers who win an auction and fail to complete the transaction, and with sellers who list an Item and fail to sell it to the winning bidder(s). If you are found to have engaged in any abusive or fraudulent activity in connection with the Site, we may terminate your account. You are liable for and must indemnify, defend and hold us harmless from all claims, losses, damages, liabilities, judgments and fees, and pay any costs incurred by us for your misuse of the Site or for your violation of any of the Site Rules and the User Agreement, including but not limited to the amounts of third party claims against us, our actual attorneys’ fees and collection costs, and our fees incurred for any Items you win but fail to pay for or any Items on which you place false bids, as well as the cost of our time spent in resolving deliberate rules violations.
2. Bid Manipulation. Bid manipulation of any kind is expressly forbidden. A seller may not place bids or arrange to have bids placed on his behalf. Shill bidding is not allowed and may be a violation of law. Shill bidding means placing a bid, or asking a third party to place a bid, in order to create an artificial bidding war. Buyers may not communicate with each other in order to manipulate the final purchase price of an item.
3. Buyer’s Protection/Dispute Resolution. Complaints of fraud by users of our Site are extremely rare. We provide a feedback system where buyers and sellers can publicly post their experiences with each other. Before placing a bid, a buyer should check the seller’s feedback to see how the seller has handled himself in past transactions. We strongly recommend that the buyer use either a credit card or an online Escrow service because of the extra protection these payment options offer. To avoid some of the most common problems encountered by users of websites such as the Site, never send cash or use any payment method that provides no proof of payment, and never wire money outside your own country.
Complaints about a buyer or a seller in an auction must be addressed through the feedback system. We will not accept complaints via email, fax or telephone. Although disputes between buyers and sellers are rare, our Site is only a transaction venue and we will not arbitrate disputes or arguments between Users.
4. Unauthorized Use of Mail System/Spam. Our User-to-User messaging system (“Ask a Seller a Question,” “Mail this Listing to a Friend,” etc.) exists solely to allow contact between a bidder (or potential bidder) and a seller for the purpose of engaging in or completing an auction transaction. You are prohibited from using the messaging system for any other purpose. You may not contact bidders on similar listed Items and promote your own Items or offer another item for sale. You may not use this Site to engage in “spamming” (sending unsolicited commercial email to other users) for any purpose, including promoting the Site to earn affiliate program awards. Spamming will be reported to the applicable ISP(s) for further punitive action and may result in criminal or civil penalties under various Federal or state “anti-spam” laws. Abuse of our mail system and/or sending spam is a serious offense and will result in closure of your account.
5. Use of Message Boards. Users wishing to participate in the message boards offered on the Site must adhere to the following rules. In using the message boards, you may not:
- Include profanity, vulgarity, hate speech, disruptive or hostile comments, interpersonal disputes, or threats of violence in any post.
- Include any material in a post that is pornographic or adult in nature.
- Attempt to impersonate GunBroker personnel or any other user.
- Refuse to follow GunBroker staff instructions to you.
- Post any materials that violate the User Agreement or these Site Rules.
- Include another person’s email address or other contact information in a post.
- Advertise any merchandise or offer to trade, or solicit charitable donations.
6. User-Generated Content. We are not responsible for user-generated content such as Postings, Item listings, messages on our message forums, feedback, pictures, etc. You are solely responsible for any information that you post to this Site; we are only a passive conduit for your online distribution and publication of your information. If you post information that is libelous, slanderous, violates any law, or violates the intellectual property rights of anyone else, you will be solely liable for the consequences. We may take any action, including but not limited to removing the content or suspending or terminating your account, deemed necessary in our sole discretion to protect ourselves if we believe your information may create liability for us or may cause us to lose the services of our ISPs or other suppliers.
Participating in Advertiser Promotions
You may click on advertisements, or otherwise correspond with or participate in promotions of the advertisers that advertise on our Site. Any such action, participation or correspondence is solely between you and the advertiser and we have no responsibility or obligation to you or the advertiser for your transactions or correspondence.
Feedback may only be posted between the winning bidder and seller in a transaction. Feedback is associated with a specific Item Listing and must pertain specifically to that Listing. If you submit feedback, make sure that your rating and comments are truthful to the best of your knowledge and accurately reflect what happened in the transactions; be careful not to submit feedback hastily and in anger. Do not take any actions that would undermine the integrity of the feedback system, including posting false good feedback to artificially improve another User’s rating or posting false bad feedback to damage another User’s rating. If you accumulate excessive negative feedback or display a pattern of unacceptable behavior your account may be suspended or permanently terminated.
This Site is not responsible for the information posted by a User in the feedback system. It is not our responsibility to determine the “truthfulness” of posted feedback, and we do not arbitrate disputes over feedback. We reserve the right to remove any User-posted feedback at any time for any reason.
Scheduled Maintenance/System Downtime
We reserve the hours between 1:00 am and 6:00 am (Eastern Time) for system maintenance. This may or may not cause system downtime. Auction ending times may be extended without notice as a result of scheduled or unscheduled downtime, but any such extensions are made in our discretion.
We are not responsible for bids not being processed or not being accepted due to technical difficulties. Auctions will not necessarily be extended due to technical problems. Do not wait until the last minute to bid!
We may, at our sole discretion, terminate your account at any time if your conduct fails to conform to the User Agreement or these Site Rules. We may in our discretion terminate your account immediately if you harass, are abusive to, or use profanity directed to other Users, our Site or our personnel. Such action will also result in a notation appearing in your feedback.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Pre-approval is required to create auctions in the charitable auctions category.