GunDeals User Agreement
Effective as of November 30, 2023
SUMMARY: This is a legal contract containing important agreements between all Users and GunDeals. Please read the entire document carefully. The agreements you make include but are not limited to your agreement to the following:
- LIMITATIONS ON OUR LIABILITY.
- BINDING ARBITRATION IN ARIZONA.
- WAIVER OF ANY RIGHT TO PURSUE CLASS ACTIONS.
- AGREEMENT NOT TO PURSUE CLAIMS AGAINST US FOR DISPUTES YOU HAVE WITH THIRD PARTIES.
- AGREEMENT TO REIMBURSE US FOR DAMAGES FROM YOUR VIOLATIONS OF THIS USER AGREEMENT.
PLEASE READ THIS USER AGREEMENT CAREFULLY AND DO NOT ENTER THIS SITE OR USE THIS SITE UNLESS YOU AGREE TO THESE TERMS AND CONDITIOS. IF YOU ENTER OR USE THIS SITE, THE TERMS HEREIN BECOME BINDING ON YOU WHETHER OR NOT YOU HAVE READ THEM.
1. Users’ Agreements Prior to Using Site
, both together referred to hereafter as “this Agreement” or “this Contract”). You signify you accept the terms herein by using this Site in any manner. If you use this Site, you represent to GunDeals that: You have read this entire Agreement, as well as the linked pages of the Site incorporated herein and made a part hereof, and agree that the terms of this Agreement will apply whenever you use the Site and its related services in any way.
2. Defined Terms.
Terms when used in this Agreement have the meanings set forth below:
“Affiliates” or “Affiliated Parties” or “Affiliated Companies” refers to Advertisers who display their goods and services on the Site, as well as entities which provide retail services through GunDeals, such as GunBroker.com.
Agreement” means this User Agreement.
“Aggregated Data” means aggregated data derived from User Information and transaction information from the Site, which data cannot be used to identify any User of the Site.
“Applicable Law” means all laws, statutes, regulations or requirements of any country, state, locality, province, municipality or other government authority or regulatory agency applicable to us or you in your use of the Site or the Services, including without limitation those relating to: (i) the sale, Transfer, shipment and/or transport of any Item (including Firearms, Ammunition, black powder or any other Item); (ii) export or import control (including US Sanctions Laws) regarding Items and payments by you; (iii) the collection, use or storage of personally identifiable information; (iv) consumer protection laws, including but not limited to the FTC Act, the Consumer Financial Protection Bureau statute (also known as “Dodd Frank”), the Federal Communications Commission statutes and regulations, among others; (v) ownership of any Item or Intellectual Property; (vi) taxation of any person or entity; and/or (vii) duties or tariffs, presence or licensing of brokers; (viii) commercial and contract law; (ix) telemarketing law; (x) privacy law in effect at the time of the relevant conduct; (xi) advertising and marketing law.”
“Company” means any user which is a commercial enterprise.
“Comments” means, with respect to submissions by any User, all reviews, comments, feedback, postcards, letters, suggestions, ideas or other submissions, disclosed, submitted or offered to GunDeals on the site or otherwise, in connection with a User’s use of the site.
“Consent to this Agreement” means your consent to each and every one of the provisions of this agreement, as evidenced by your using the Site or Linked Sites or otherwise indicating your agreement to this User Agreement.
“Content” means materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (in whatever form or medium).
“FFL”: Federal Firearms Licensee, the only persons who may legally engage in manufacturing, importing or dealing n firearms. GunDeals is not an FFL.
“GunDeals Content” means all Content other than your own Postings, Listings, Comments, and other Content you provide to the Site, should such a facility be offered in the future.
“GunDeals Parties” means GunDeals, its Affiliates, and their respective officers, directors, employees, agents and third party licensors.
“FFL” means a federal firearms license holder.
“Firearm(s)” has the meanings given in the Gun Control Act of 1968, 18 U.S.C. §§ 101 et seq.
“Intellectual Property” means any and all rights of a party in and to such party’s patents, copyrights, trademarks, trade secrets, trade dress, mask works, publicity rights and other such rights, existing, from time to time, in any applicable jurisdiction under patent law, copyright law, moral rights law, trade secret law, semiconductor chip protection law, trademark law, service mark law, unfair competition law, or other similar Applicable Law.
“Item” means Firearms, Ammunition, and other items appearing in a Listing on the Site.
“Linked Sites” means sites reached by hyperlink.
“Listing” means a Seller’s presentation on the site of information about an item provided by the Seller or sold by the Seller, including all Content found therein.
“Losses” means liability, losses, damages, judgments, costs and/or expenses (including reasonable attorneys’ fees as well as court fees) incurred by a party.
“Personal Information” means information that can be used to identify an individual, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual, including name, address, social security number, account numbers, and certain metadata broadcast by electronic equipment.
“Registered Users” means a user who has registered to use this site.
“Seller” means a User that Posts a Listing in order to sell Items on the Site.
“Site” means www.GunDeals.com, any of its subdomains, or any other Web site on which a link to this Agreement appears.
“Undertaking” means a formal pledge or promise made by one party (i.e., You) to a contract (this Agreement), knowing that the other party (GunDeals and its affiliates) will rely on that promise to their detriment in performing their duties under the contract.
“User” means any person or company using this site.
“US Sanctions Law” may apply to persons who are (i) buying or selling items internationally, (ii) nationals of or located in any country under sanctions by the US, (iii) are violating U.S. export controls or selling any item subject to sanctions or embargo, (iv) listed on the Excluded Parties List System, Specially Designated Nationals List, or Denied Persons List, or named in any other prohibitive or restrictive list, (v) using or accessing the site on behalf of a party who is on those lists, or (vi) otherwise subject to sanctions under U.S. sanctions laws, including but not limited to Code of Federal Regulations, Title 22, Subchapter M, part 120 et. seq, laws and regulations of the U.S. Treasury Department including the Office of Foreign Assets Control; and laws and regulations of the U.S. State Department. Users who have any questions about “Sanctions Law” are strongly advised to seek legal counsel before entering any transactions.
“You” means both (i) the individual using the Site, and (ii) if applicable, your Company. You and your Company, if any, are jointly and severally liable for your obligations under this Agreement.
3. Registration, Accounts, and Consent to Communications
a. Registration: We do not require registration and do not gather any information other than your voluntarily provided email address and certain technical information such as IP Address. Every User agrees by their use of the Site to abide by and be bound by the terms and conditions set out herein.
b. Accounts: No accounts are created for Users.
- Providing Your Email Address: If you provide your phone number to this or any of the Linked Sites, or by expressly giving us or our Affiliates your phone number, you signify agreement and/or consent to the following terms
- Phone Number: If you provide your phone number to this or any of the Linked Sites, or by expressly giving us or our Affiliates your phone number, you signify agreement and/or consent to the following terms:
- Consent to Certain Calls/Texts. By voluntarily providing your telephone number(s) to this or the Linked sites, or by indicating your consent in any other manner, you signify your express prior written agreement to receiving calls, text messages, or other electronic messaging from us, including recorded voice messages, autodialed calls, text messages, or calls and messages placed by other automated technologies currently in existence or hereafter developed (hereafter “automated calls or text messaging”), including messaging related to your account, registration, changes and updates to the Site, service outages, any transaction with us, your relationship with us or another User, and marketing and promotional messaging, even if your telephone number is registered on any state, federal, or company-specific Do Not Call list. You agree that we may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you. You agree to receiving the aforementioned automated calls and text messages from us even if you cancel your account or terminate your relationship with us, unless and until you opt out (as provided below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services.
- Carrier Charges Are Your Responsibility. GunDeals and its Affiliates charge no fee to transmit messages to you. However, you may incur a charge for these calls or text messages from your mobile carrier, which is your sole responsibility. You agree to check your telephone plan or contact your carrier for details.
5. GunDeals’ Role in Listing and Sale of Items
The following terms apply to Items for sale on the Site:
a. Only a Venue. The Site does not offer items for sale and does not host transactions on the site. GunDeals is not a party to any transaction between Buyers and Sellers even if it originates on or through the Site. You understand and agree that Information about a particular Item is supplied by the Seller, not by GunDeals, and that GunDeals shall have no liability for any aspect of representations about listed items. You agree and by using this Site you signify your understanding and agreement that the warranties on products and other terms applicable to the sale of any Item are determined solely by the Listing, and the company advertising the item is solely responsible for the products.
b. GunDeals Is Not the Seller. You agree and evidence your understanding and acceptance of the following terms by doing business on this Site or any Linked Sites:
- GunDeals is not involved in the actual transaction between Buyers and Sellers;
- GunDeals never takes possession of any Items;
- GunDeals does not participate in negotiation of terms of sale or terms of delivery of items;
- GunDeals does not receive or hold legal ownership or title of Items, does not receive, hold or transfer legal ownership of Items from the Seller to the Buyer.
Nothing in this Agreement is intended to modify the applicable provisions of the Uniform Commercial Code § 2-401(2) and § 2-401(2) as implemented in Arizona, 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 (or in the case of Firearms, upon legal Transfer by the applicable FFL).
c. Transfers of Firearms. All purchases by Users is subject to Federal law requiring that shipments and sales of Firearms on the Site must be carried out through the process of Transfer of the Firearm to the applicable Buyer through an FFL selected by the Buyer. Upon purchasing a Firearm, the Buyer must designate an FFL for shipment and Transfer of the Firearm. FFLs may charge separate fees for this service.
d. Disclaimer About Users and Items. You understand and agree by using this Site and the Linked Sites, that you assume complete responsibility for compliance with Applicable Law in your State for the sale, purchase, transfer and shipment of Items and for conducting due diligence on other Users prior entering transactions. Given our limited role as outlined in this Section, except as expressly stated herein, you understand and warrant that you will not hold GunDeals responsible or liable for Buyers’, Sellers’ or other users’ representations on this site, including but not limited to the following:
- Sellers (i) misrepresentation of their identity, location or authority to enter into contracts, and (ii) falsely claiming to be of legal age and capacity to enter into contracts;
- That an advertiser on the Site is able to or will complete the sale of the Item or delivery of the Item to the Buyer;
- That a Seller has truthfully and accurately described an Item advertised on the Site in the Item’s Listing, that all claims made for the item are accurate or truthful, or that the item is faithfully represented by Seller’s listing, text or pictures;
- That an Item advertised for sale on the Site (i) exists, (ii) is safe to buy, hold, or use, (iii) is of any particular quality, (iv) is non-infringing with regard to the Intellectual Property rights of any person or entity, (v) is free from liens, encumbrances or contractual claims attributable to Seller, or (vi) that an Item may be sold by the Seller in compliance with Applicable Law.
- That the offer, possession, sale and/or shipment of an Item that you buy complies with any or all Applicable Laws relating to that item in the Buyer’s and Seller’s jurisdictions and personal situations.
e. Monitoring of Listings and Postings. By using this Site, you acknowledge and agree that GunDeals does not, and does not have any obligation to, monitor, edit, refuse to post, or remove any Posting or Listing from the Site, in our sole discretion. You acknowledge and agree that GunDeals is not responsible for the Content of Listings or Postings posted by Users or Affiliates. Monitoring of Postings and Listings by us is not intended to verify the accuracy of the information contained therein and may not be relied upon by You for any purpose.
6. Payments and Other Third Party Activities on the Site
a. GunDeals does not offer or facilitate payment or financing.
b. For the User’s own protection, the use of certain peer to peer and cash-transfer methods to make payments to Sellers is discouraged by most authorities.
c. Third Party Websites. The Site may contain links or other Content leading to third party websites, including those of third party advertisers. GunDeals is not responsible for and has no liability for the privacy or other practices of any such third parties. We recommend that you review the user terms and privacy policies of each website or advertisement that you click on or visit.
9. Content, Intellectual Property and Restrictions on Use of Site
a. License to Use of Your Content. You agree that by transmitting or Posting any Content on or through the Site or the Linked Sites, you grant us and our Affiliates a worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost to GunDeals whatsoever, all such Content and other material (including, without limitation, under all Intellectual Property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), to carry out the Services and for the general business purposes of GunDeals and its Affiliates and for any related purpose; provided, however that we will not sell or share your Content with non-Affiliate third parties unless you have granted your consent to the same (which may be in a separate written agreement).
b. Restrictions on Your Use of GunDeals Content. GunDeals content is the property of GunDeals or its licensors and is intended solely for your personal, non-commercial use in connection with the services provided on the Site. No right, title or interest in GunDeals content or any other materials or software is transferred to you as a result of this Agreement or your use of any of the services provided on the Site. 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 GunDeals content, the Site or any related software, nor may you employ any bots or other means to “screen scrape” (or otherwise extract/ obtain the benefit of) data regarding transactions other than your own from the Site. All software used in creating the Site is the property of GunDeals or its licensors and suppliers and protected by U.S. and international copyright laws. Other than in using the functionality supplied to Users of the Site, your use, including the reproduction, modification, distribution, transmission, republication, display, or performance of such GunDeals content for your personal or business use is strictly prohibited.
c. Copyrights and Trademarks. Unless otherwise noted, all of the GunDeals’ content constitutes copyright, trademark, service mark, trade dress and/or other Intellectual Property owned, controlled or licensed by us or by the Affiliates and advertisers and are protected by U.S. and international Intellectual Property laws. The compilation (meaning the collection, arrangement, and assembly) of all of the GunDeals content on the Site is the exclusive property of GunDeals, or its affiliates, and is also protected by U.S. and international copyright laws. All trademarks or service marks of GunDeals or its Affiliates are property of those entities. All other trademarks not owned by GunDeals that appear on GunDeals or any affiliated web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GunDeals. No trademark or service mark license is granted to you as part of your use of 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 GunDeals’ name or trademarks without the express prior written consent of GunDeals.
d. 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, by (i) using the site for any illegal purpose; (ii) accessing data not intended for you or logging onto a server or an account which you are not authorized to access or with respect to which you have exceeded your authorized access; (iii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempting to download, extract or distribute any portion of the code making up any portion of the Site; (v) 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,” participating in a distributed denial of service attack, “spamming,” “mailbombing” or “crashing”; (vi) sending unsolicited email, including promotions and/or advertising of products or services via the Site, or using any information about other Users obtained from the Site in order to do so; (vii) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (viii) 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; (ix) 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 GunDeals on the Site and other than generally available third party web browsers; (x) transmitting or Posting or including in any Posting any unlawful, harassing, libelous, abusive or otherwise objectional material of any kind to any person; (xi) collecting information about other Users without their consent. Violations of system or network security may result in civil or criminal liability; (xii) interfering with another’s use of the Site or with the proper functioning of the Site, or (xiii) engaging in any systematic extraction of data or data fields, including, without limitation, email addresses, from the Site or its Users, by use of any automated mechanism, such as web robots, crawlers, spiders or otherwise.
e. Submissions. Should you communicate with GunDeals by entering comments on the site or its affiliated sites and/or by submitting reviews, comments, feedback, postcards, suggestions, ideas, and other submissions (collectively referred to as “Comments”) you agree that any Comments submitted or offered to us on the Site or otherwise shall be and remain GunDeals property. You agree that your submission or offer of any Comments shall constitute an irrevocable assignment to us of all worldwide rights, 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.
f. Copyrights and Copyright Agent. GunDeals respects the rights of all copyright owners and has adopted and implemented a policy that provides for the termination in appropriate circumstances of the use of the Site for account holders who infringe the copyright rights of others. If you believe that your work has been copied or used in a way that constitutes copyright infringement, please contact us at support.gundeals.com
g. Americans with Disabilities Act. GunDeals is working to be sure that all our Users, with or without disabilities, can access and utilize any of our Content and services. We strive to meet the standards put forth by the World Wide Web Consortium (W3C’s) Web Content Accessibility Guidelines (WCAG). If, because of disability, you are unable to access content on the Site, or have any questions, please contact us as described below under “Notices.”
7. Our Limits of Liability
a. 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 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.
b. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE GUNDEALS 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 GUNDEALS PARTIES TO YOU FOR ALL LOSSES (AS DEFINED IN THE DEFINITIONS SECTION), 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, OR IN ANY OTHER CASE WHERE LIABILITY MAY NOT BE LIMITED UNDER APPLICABLE LAW.
c. Indemnification. You agree to indemnify, defend and hold the GunDeals Parties harmless from and against any and all claims and all Losses incurred by a GunDeals Party in connection with any of the following, whether by you or by a third party using your User ID: (i) any breach or violation of this Agreement, (ii) any use of the Site or Services, (iii) a dispute with another User or an Advertiser or Seller whom you encountered on this Site, (iv) any violation of any Applicable Law 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, whether by you, your Items or your Content that was Posted by you to the Site. 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.
d. Release. By accepting and agreeing to this Agreement, You hereby release all GunDeals Parties from any and all claims and Losses of every kind, known and unknown, arising from disputes between you and other Users or visitors to the Site now and in the future. Further, you agree to waive and release any claim against GunDeals for any claim arising from your dispute with another User (whether a Buyer or Seller) or any visitor to the Site. You waive any and all of the aforementioned claims against GunDeals, our parents, subsidiaries and affiliated parties, as well as our directors, officers, employees, attorneys and agents, from and against any and all claims and Losses (actual, special, incidental and consequential damages, as well as reasonable attorneys’ fees and costs of court) 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.
8. Governing Law and Dispute Resolution
a. International Users. The Site is controlled, operated and administered by GunDeals, which is based within the United States, and run on servers located in the United States. We make no representation that functions or information found at the Site are appropriate or available for use by persons at other locations outside of the United States and access to them from territories where their functionality or content are not permitted under Applicable Law. You may not use the Site or export the information found on or at this Site in violation of U.S. or other Applicable Laws regarding export or import. If you access this Site from a location outside of the U.S., you are responsible for compliance with all Applicable Laws that apply to you in your use of the Site.
b. Governing Law. Except as prohibited by Applicable Law, 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 GunDeals Parties, shall be governed by and in accordance with the laws of the State of Arizona, 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.
c. Mandatory Arbitration
YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO RESOLVE ANY DISPUTES ARISING OUT OF THIS AGREEMENT OR THE ANY USE OF THE SITE VIA BINDING ARBITRATION CONDUCTED UNDER COMMERCIAL RULES FOR ARBITRATION BY THE AMERICAN ARBITRATION ASSOCIATION. THE ATLANTA METROPOLITAN AREA SHALL BE THE SITE FOR ANY SUCH ARBITRATION PROCESS. THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
IF FOR ANY REASON THESE ARBITRATION REQUIREMENTS ARE HELD INAPPLICABLE OR VOID OR HELD NOT TO APPLY, OR A CLAIM PROCEEDS IN SMALL CLAIMS COURT, GUNDEALS AND YOU AS USER EACH WAIVE TRIAL BY JURY.
YOU AS USER DEMONSTRATE YOUR AGREEMENT TO BE BOUND BY THIS ARBITARATION AGREEMENT BY USING OR CONDUCTING BUSINESS ON THE SITE. BY DOING THE FOREGOING ACTS, YOU UNDERSTAND THAT YOU ARE ALSO AGREEING TO THIS ARBITRATION AGREEMENT, WHICH ENTAILS GIVING UP THE RIGHT TO A TRIAL BY A STATE TRIBUNAL AND TRIAL BY JURY.
d. Notwithstanding the foregoing Arbitration provision, GunDeals 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, GunDeals shall be entitled to recover from you its reasonable attorneys’ fees in responding to such action.
e. Exclusion of Class Actions.
IN AGREEING TO THE TERMS OF THIS AGREEMENT BY YOUR USE OF THE SITE, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE BOTH HEREBY WAIVE ANY RIGHT TO BRING CLAIMS AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, UNLESS BOTH YOU AND GUNDEALS AGREE TO THE CONTRARY. MOREOVER, YOU AGREE THAT MORE THAN ONE PARTY’S CLAIMS MAY NOT BE CONSOLIDATED OR JOINED BY THE APPLICABLE COURT, AND THAT ANY RELIEF AWARDED TO YOU CANNOT AFFECT OTHER USERS, AND VICE VERSA.
9. General Provisions
a. Notices. Notices to GunDeals, including notices relating to Dispute Resolution by Arbitration, shall be given at
PO BOX 15756
Scottsdale, AZ 85267
or you can contact us at support@GunDeals.com
We shall notices to you at the address you have provided or that is reasonably available in public sources. Notice shall be deemed given 24 hours after an electronic message is sent, when sent to the last email address provided to GunDeals by the receiving party. In the event that GunDeals sends a notice by mail, the notice shall be deemed effective three (3) days after the date of mailing.
b. Electronic Execution.
(i) Electronic Notices to You by Us. You consent to receive any agreements, notices, disclosures and other communications to which this Agreement refers electronically, including without limitation by email or, to the extent permitted by Applicable Law, by posting notices on the Site. You agree that all notices that we provide to you electronically satisfy any Applicable Law that such communications be in writing.
(ii) Electronic Contracting Equivalent to Paper. By using the Site, you agree to transact any business with GunDeals electronically through the Site. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement.
c. Independent Parties. Both parties to this Agreement are entities which are independent of one another under this Agreement and dealing at arm’s length. Nothing herein contained shall be deemed to create an employment, agency, joint venture or partnership relationship between the parties or any of their agents or employees, or any other legal arrangement that would impose liability upon one party for the act or failure to act of the other party. Neither party shall have any express or implied power to enter into any contracts or commitments or to incur any liabilities in the name of, or on behalf of, the other party, or to bind the other party in any respect whatsoever.
e. No Waivers. The failure by either party to exercise or enforce any rights or provisions of this Agreement and any other document incorporated by reference herein shall not constitute a waiver of such right or provision, whether for a current violation or for future violations. No waiver granted by GunDeals with respect to this Agreement’s provisions shall be deemed to have created a “course of conduct” or “usage of trade” for purposes of Applicable Law.
f. Miscellaneous. The term of this Agreement shall be deemed to have commenced as of the date of your use of the Site or any of the Services and shall remain in effect until terminated by in accordance with these terms. GunDeals shall have the right to terminate this Agreement for convenience by written or electronic notice to the User. All provisions in this Agreement regarding Fees, arbitration and dispute resolution, representations and warranties, indemnification, disclaimers, limitations on liability and the terms of this Section 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 any of your rights or obligations under 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 GunDeals, its Affiliates, and you, and shall not be construed for the benefit of any third party.