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Terms and Conditions
The services offered by Gun Club, Inc., an Arizona corporation ("GunClub.com" or "we") include the GunClub.com website (the "GunClub.com Website" or “Site”) and any other features, online tools, content, or applications offered from time to time by GunClub.com in connection with the GunClub.com Website (collectively, the "GunClub.com Services" or “Services”). 1. Acceptance of Terms of Service These Terms of Service (the "Agreement") set forth the legally binding terms for your use of the GunClub.com Services. GunClub.com provides the Site and the associated Services available thereon to you, subject to this Agreement, which may be modified by GunClub.com at any time upon posting to this Site. You agree to be bound to any changes to this Agreement when you use the GunClub.com Services after any such modification is posted. In addition, when using particular Services, you shall be subject to any posted policies, guidelines or rules applicable to such Services. All such policies, guidelines or rules are hereby incorporated by reference into this Agreement. You agree to be bound by this Agreement, whether you are a "Visitor" to this Site or you are a registered "Member" ("Visitor" and "Member" shall be referred to as "User"). You are only authorized to use the GunClub.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with it, you should immediately leave the Site and discontinue use of the GunClub.com Services. If you wish to become a Member, communicate with other Members and make use of the GunClub.com Services, you must read this Agreement and indicate your acceptance when registering as a user of the Site and Services. Notwithstanding, your acceptance of the Agreement shall be deemed upon registration as a Member or use of the Site and Services as a Visitor. GunClub.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the GunClub.com Services at any time, for any or no reason, with or without prior notice, and without liability to you or any third party. This Agreement includes GunClub.com's policy for acceptable use of the GunClub.com Services and content posted on the GunClub.com Website ("Content"), your rights, obligations and restrictions regarding your use of the GunClub.com Services, and GunClub.com's Privacy Policy. In order to participate in certain GunClub.com Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions, posted policies, guidelines or rules. Unless otherwise provided by the additional terms and conditions, posted policies, guidelines or rules applicable to the GunClub.com Services in which you choose to participate, those additional terms are hereby incorporated by reference into this Agreement. 2. Services provided by GunClub.com GunClub.com currently provides users with access to a variety of Services, which may include but is not limited to, online auction services, various communications tools, email-based discussion groups, forums, blogs, documents, news, press releases, and event calendars. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. GunClub.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Any modifications, including without limitation any new features that augment or enhance current products or services offered on the Site, shall be subject to this Agreement. You agree that GunClub.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. GunClub.com will exercise reasonable efforts to provide Services in a timely manner. On occasion, technical or partner problems may delay, prevent delivery, or cause the loss of information posted on the Site. For this reason, GunClub.com recommends that Users store backups of all information they post on the Site. You acknowledge that any items listed for auction on the Site are offered for sale by the listed seller and (unless the listed seller is GunClub.com) GunClub.com solely provides a platform for such listing. Should you purchase any items from a seller who is not GunClub.com, your agreement is exclusively with that seller; GunClub.com shall not be party to nor in any other way involved in any such transaction. GunClub.com is not responsible for any damages to items during transit or during any item inspection period, nor for any misrepresentations or breaches of contract by buyer or seller of an auction item. 3. License, Account Security, and Site Access Users under the age of thirteen (13) are prohibited from using the Services or the Site; this site is intended for Users eighteen (18) years or older who have the legal capacity to enter into enforceable contracts. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement on behalf of yourself or your organization, company, and/or business, as applicable, and to abide by all of the terms and conditions of this Agreement. Subject to the limitations above, we hereby grant you a personal, non-exclusive, non-transferable, limited, and revocable license to access our Site and the Services (the "License") for your personal, educational, informational, and entertainment use. Any commercial use of the Site or the Services is strictly limited to use of the auction services in compliance with all policies, rules and procedures posted on the Site from time to time. For example, you will not, and will not authorize any other person to, (i) co-brand the Site or portion thereof, or (ii) frame the Site or portion thereof (whereby the Site or portion thereof will appear on the same screen with a portion of another web site). “Co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. Users may not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or the Site or any software used on or for the Services or cause others to do so. Users agree to cooperate with GunClub.com in causing any unauthorized co-branding, framing, linking, or other illegal and/or unauthorized uses to immediately cease. The License may terminate immediately without notice from us, in our sole discretion. Upon such termination, you may not access, use, or view the Site. If you are issued a password and account by GunClub.com to access any Services available on the Site, you agree that you will be personally responsible for maintaining the confidentiality of any such password and account and for all activities that occur under such password or account. You further agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being "Registration Data"); (b) maintain and properly update the Registration Data to keep it true, accurate, current and complete; (c) not register more than once on the Site; (d) maintain confidentiality of your account and password; (e) immediately notify GunClub.com of any unauthorized use of your password or account or any other breach of security; and (f) ensure that you exit from your account at the end of each session. GunClub.com will not be liable for any loss or damage arising from your failure to comply with any of the foregoing requirements. We reserve the right to investigate suspected violations of this Agreement and take all appropriate legal action, including without limitation, civil, criminal, and injunctive redress. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any User involved and the complaining party, if any, and examination of other material. We may suspend the provision of our services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our Site. We will determine what action will be taken in response to a violation at our sole discretion. While we respect your privacy, we will fully cooperate with law enforcement authorities in investigating suspected lawbreakers. 4. Privacy Policy Use of the Services and this Site is subject to the GunClub.com Privacy Policy. The Privacy Policy is expressly incorporated herein by reference and made a part of this Agreement. The privacy policy may be found at: http://www.gunclub.com/auction/content_pages.php?page=privacy. 5. GunClub.com Spam Policy You are prohibited from using the Services to post or send (a) messages which are unrelated to a particular topic of discussion of a news group or message board facilitated by GunClub.com (b) unsolicited commercial email, (c) unsolicited bulk email, (d) mass email, (e) junk email, (f) chain letters, (g) pyramid schemes or (f) messages advertising goods or services which are addressed to a recipient with whom you do not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient ("Spam"). Other types of Internet abuse which also qualify as Spam include, but are not limited to, (i) disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the Services are able to type, or otherwise acting in a manner that negatively affects another users' ability to engage in real-time exchanges, (ii) using "bots" or otherwise harvesting other users' email addresses from the GunClub.com' site for purposes of sending unsolicited or unauthorized material, and (iii) uploading, posting, emailing, or transmitting the same message, URL, or post multiple times. In addition to any of the foregoing, electronic messages sent or caused to be sent using the Services may not contain false or misleading information in the subject line or otherwise contain false or misleading content; employ any technique to otherwise misrepresent, hide or obscure any information identifying the point of origin or the transmission path; use or contain invalid or false headers; use any other means of deceptive addressing; use a third party's internet domain name, or be relayed from or through a third party's computer system, without permission of such third party; or use or contain invalid, non-existent or otherwise false domain names. Each User understands and agrees that any violations of this Agreement, including this Spam Policy, may result in legal action against such user and the termination, without notice, of User's ID and/or anything associated with GunClub.com, including, but not limited to, email accounts, posts, published Content and profiles. Nothing in this policy is intended to grant any right to transmit emails or messages to or through the Site. GunClub.com does not waive any rights by the failure to enforce this policy in every instance in which it might apply. 6. Links to 3rd Party Sites The Site, Services, and/or third parties may provide links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of GunClub.com and GunClub.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GunClub.com is not responsible for any other form of transmission received from any Linked Site nor is GunClub.com responsible if the Linked Site is not working appropriately. GunClub.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GunClub.com of the site or any association with its operators, or guarantee that the content contains accurate information. You acknowledge and agree that GunClub.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, such Linked Sites or goods or services available on or through any Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Further, GunClub.com is under no obligation to link to any site. 7. Content on Site The products and services offered on the Site, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and/or all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Site, the products or services may violate such Intellectual Property Rights laws and these Terms of Service. Except as expressly provided herein or through a separate written contract between you and GunClub.com, (a) GunClub.com and its licensors and suppliers do not grant any express or implied rights to use the products and services; and (b) you agree not to copy, capture, frame, republish, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer any portion of the Site, products or services, or the selection and arrangement of the Site, products or services. The trademarks, logos and service marks ("Marks") displayed on this Site are the property of GunClub.com or other third parties. You are not permitted to use the Marks without the prior written consent of GunClub.com or such third party that may own the Marks. You may not remove or obscure any copyright notice or other proprietary notices contained on the Site or any products or services retrieved through the Site. To the extent you are permitted to make copies of any products or services or their output, you must retain all copyright and other proprietary notices contained in the original materials on any copies you make. Opinions, advice, statements, auction items, offers, or other information or content made available through the Services, but not directly by GunClub.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. GunClub.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information from third parties on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, auction item details, or statement (other than the Terms of Service) made by any party (including GunClub.com) that appears on the GunClub.com Website. Under no circumstances will GunClub.com be responsible for any loss or damage resulting from your reliance on information or other content posted on the GunClub.com Website or transmitted to or by any Members. 8. Content Submitted by You In many cases, Users are invited to submit content to the Site (collectively, the "User Content"). GunClub.com does not claim ownership of User Content, but by submitting such User Content, Users automatically grant, and represent and warrant that they have the right to grant, to GunClub.com, its affiliates, licensees and successors, an irrevocable, perpetual, nonexclusive, worldwide license to use, copy, perform, modify, link to, reproduce, distribute, adapt, promote, display, and sublicense User Content, as well as to prepare derivative works of, or incorporate into other works, such User Content. Please choose carefully the User Content you post on the GunClub.com Website and that you provide to other Users. Your GunClub.com publicly viewable profile as well as any of your auction item details may not include the following items: any images containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, User Content provided by GunClub.com Members (for instance, in their Member profile or in auction item details) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and GunClub.com assumes no responsibility or liability for this material. If you become aware of misuse of the GunClub.com Services by any person, please click on the appropriate "Report Inappropriate Content" link located at http://www.gunclub.com/support/. GunClub.com reserves the right to review and remove any User Content at any time, in whole or in part, with no obligation to notify the original submitter of the User Content. Publication of any User Content is at the sole discretion of GunClub.com. Individuals submitting User Content certify that they own the User Content being submitted, or otherwise have the right to freely redistribute the User Content without limitation, and that submitting this User Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets, right of publicity or other proprietary rights. Individuals submitting User Content certify that their submissions contain no elements and produce no results that are defamatory, obscene, or in violation of any law. Individuals submitting User Content further certify that their submissions contain no harmful or destructive content or output, including but not limited to any viruses, worms, and Trojan horses. GunClub.com assumes no liability with respect to disputes over User Content ownership, copyright, or trademarks. In the event that GunClub.com is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, GunClub.com will remove the User Content in question in a timely manner, with no obligation to notify the original submitter of the User Content in question. In connection with User Content you submit, you further agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GunClub.com all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage GunClub.com or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business; and/or (e) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. GunClub.com does not permit copyright infringing activities and infringement of intellectual property rights on the GunClub.com Website, and we will remove any User Content if properly notified that such User Content infringes on another's intellectual property rights. We reserve the right to remove User Content without prior notice. We will also terminate a User's access to the Site, if such User is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had User Content removed from the GunClub.com Website more than once. GunClub.com also reserves the right to decide whether User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate a User's access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion. You understand that when using the Site, you will be exposed to User Content from a variety of sources, and that GunClub.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GunClub.com with respect thereto, and agree to indemnify and hold GunClub.com, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. 9. Copyright Policy. GunClub.com abides by the federal Digital Millennium Copyright Act ("DMCA"). If you believe that Content included on the Site is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify GunClub.com of any such copyright or other Intellectual Property Rights infringement. Similarly, if you believe that Content you posted to the Site has been inappropriately removed, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows: DMCA Complaints Gun Club, Inc. P.O. Box 21347 Mesa, AZ 85277 Fax: 480.780.8807 Email: legal@gunclub.com Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms of Service. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with GunClub.com's rights and obligations under the DMCA and do not constitute legal advice. GunClub.com will remove the infringing Content, subject to the procedures outlined in the DMCA. a. Copyright Infringement Notification To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements): 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs is the best way to help us locate content quickly. 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. b. Counter-Notification If Content that you have posted to the Site has been taken down, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): 1. A physical or electronic signature of the subscriber. 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. 3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. 4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. 10. Harvesting of User Information You agree that you will not harvest or collect any information, including email addresses, for any users or subscribers of any Services for any purpose whatsoever. 11. Reproduction of Content You agree not to reproduce duplicate, copy, sell, resell or exploit for any purposes, any portion of the Services, use of the Services, or access to the Services. 12. Disclaimer of Warranties/Limitation of Liability WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SERVICES, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, DOCUMENTS, SUBMITTED CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING WITHOUT LIMITATION AUCTION ITEM DETAILS), AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE SERVICE ON AN "AS IS, AS AVAILABLE" BASIS. GunClub.com MAKES NO WARRANTIES REGARDING ANY AUCTION ITEMS PURCHASED OR OBTAINED THROUGH THE SITE OR ANY GunClub.com SERVICES. YOU USE THE SITE AND THE GUNCLUB.COM SERVICES AT YOUR OWN RISK, AND GunClub.com, ITS EMPLOYEES, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID AND NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY. THE FOREGOING DISCLAIMERS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GunClub.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU HEREIN, FOR ANY CLAIM OR ACTION ARISING FROM USE OF THE SITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. Some states' laws do not allow the exclusion of limited warranties or the exclusion or limitation of certain damages. To the extent that those laws apply to this Agreement, the exclusions and limitation set forth in this Section will not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days. 13. Indemnification by Users User will indemnify and hold GunClub.com, and its subsidiaries, affiliates, licensors, contractors, officers, agents, and employees (the “Indemnified Parties”) harmless from and against any and all losses arising out of or relating to your gross negligence or willful misconduct or your violation of this Agreement or the law, including without limitation any Content submitted to, uploaded to, or transmitted by you. Your obligation under this Section include claims arising out of acts or omissions by your employees, and any other person or entity who gains access to the products or services using your registration either with your permission or as a result of your failure to use reasonable security measures. 14. Breach You hereby acknowledge that your breach of this Agreement may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and that we shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Site. Your breach of this Agreement may also entitle us to bring an action against you for any and all other remedies available at law or in equity. 15. Jurisdiction We operate and control our Site from our location in the state of Arizona, United States of America. We make no representation that any information, materials or functions included on or through our Site are appropriate for use in any other jurisdiction. If you choose to access our Site from locations other than within the State of Arizona, you do so at your own initiative and are responsible for compliance with applicable laws and regulations. You agree that this Agreement, and the rights and obligations hereunder, shall be governed by, and construed in accordance with, the laws of the State of Arizona (excluding its conflicts of law provisions). You further agree that any legal action or proceeding between you and us arising out of or relating to this Agreement or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Phoenix, Arizona, and you hereby expressly and irrevocably consent to be bound by the personal jurisdiction and venue of such courts. 16. No waiver; Severability A waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of this Agreement. In the event that any provision of this Agreement is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision. 17. Assignability We may assign our rights and delegate our duties under this Agreement either in whole or in part at any time, at our sole discretion, and without your consent. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under this Agreement to anyone else. 18. Relationship This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us. 19. Term. This Agreement will remain in full force and effect while you use the Site as a Visitor and/or are a registered Member. You may terminate your membership at any time, for any reason, using the cancel account function on the Website, by sending GunClub.com written notice of termination to Gun Club, Inc. P.O. Box 21347 Mesa, AZ 85277 or sending a notice of termination from http://www.gunclub.com/support/. Upon receiving your termination notice, GunClub.com will reasonably attempt to return a cancellation confirmation to the email address you specified in your membership submission, or such other email address as you may later provide to GunClub.com. All decisions regarding the termination of memberships shall be made in the sole discretion of GunClub.com. GunClub.com is not required to provide you notice prior to terminating your membership. GunClub.com is not required, and may be prohibited, from disclosing a reason for the termination of your membership. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. 20. Entire Agreement This Agreement, together with the Privacy Policy, any other documents referenced herein and any amendments signed between the parties, constitutes the entire understanding between GunClub.com and you with respect to subject matter hereof. Terms and conditions as set forth in any purchase order which differ from, conflict with, or are not included in this Agreement, shall not become part of this Agreement unless specifically accepted by GunClub.com in writing. GunClub.com Auction Terms As more fully described in the GunClub.com Terms of Service, incorporated herein by reference, the services offered by Gun Club, Inc., an Arizona corporation ("GunClub.com" or "we") include the GunClub.com website (the "GunClub.com Website" or “Site”) and any other features, online tools, content, or applications offered from time to time by GunClub.com in connection with the GunClub.com Website. These GunClub.com Auction Terms (the "Agreement") offers additional terms, specific to your use of the GunClub.com Auction services available on the Site (the "Auction Services"). You are only authorized to use the Auction Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, to this Agreement, and the GunClub.com Terms of Service. 1. Bidding. Placing a bid on an item is an irrevocable offer to buy the item at the price in the bid, provided the bid is a winning bid at the time of the close of the auction. A winning bid is a bid that is the highest bid on an item. 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. Placing a bid constitutes entering into a binding legal agreement with the seller to purchase the item(s) at the winning bid price and in accordance with the terms stated in the item listing and the rules of this Site. You must resolve any questions about the item by contacting the seller of the item prior to placing a bid. Do not place a bid until you are sure that you understand what you are bidding on and, if necessary, have received a response from the seller of the item regarding any questions you may have. Once a bid is placed it may not be cancelled or retracted without the permission of the seller. The seller is not obligated to grant permission to retract or cancel a bid, and it is not the duty of this Site to request permission from the seller for a bid retraction or cancellation. Any bid cancellation must be worked out between buyer and seller without assistance from the Site. Bidding is subject to bid increments and items may be subject to a minimum bid. By bidding on an item, you authorize us to release your contact information, including name, address, email, and telephone number, to the seller who listed the item. 2. Listing. Placing an item for auction is an irrevocable offer to sell an item to the winning bidder. The winning bidder is the highest bidder on the item. 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. Listing an item constitutes entering a binding legal agreement to sell the item to the highest bidder as determined by the rules of the auction. Items listed on this Site may not be concurrently offered for sale on any other online Site. Once an item is listed and has received a winning bid, the item may not be withdrawn from sale. Please consider carefully whether you want to place an item for auction. When listing items, ensure that the items listed for auction do not infringe upon the copyright, trademark or other rights of those third parties. By listing items for sale on this Site you represent to us that your items and listings for items do not infringe on the intellectual property of any third party and that you have a legal right to sell the items you list. Your description of the item must be truthful and accurate. Adding additional unrelated keywords to your listing to make it show up through our Search facilities is prohibited. The sale of your item(s) on this Site: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You may not post on our Site or sell through our Site any: (a) item that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or (b) live animals, human beings or body parts (relics, skulls, human remains or other parts), illegal chemicals, drugs, bulk email lists, illegal weapons, instructions/kits/plans/parts designed to illegally convert firearms to full-auto fire, instructions/kits/plans/parts designed to illegally build silencers, or instructions on how to build bombs or explosives. In the event of a conflict, the rules of the auction as specified by this document supercede the terms stated in the seller's auction listing. A seller may not alter the rules of these terms and conditions by the language of his listing. By listing an item, you authorize us to release your contact information, including name, address, email, and telephone number, to the bidders who place bids on this item. 3. Listing Content / Multiple Listings. Auction listings must offer a specific product or service at a specific price. Any listing deemed to be general advertising instead of an offering of something specific for sale will be removed. We reserve the right to edit or remove auction listings as deemed necessary by the Site. Listings may be moved to a different category if deemed inappropriate for the listed category, so put your listing in the most appropriate category. We reserve the right to remove any listing deemed inappropriate or in violation of the letter or spirit of our rules. We do not allow the posting of excessive numbers of listings for the same item. Excessive duplicate listings may be removed without notice. 4. Terms of Sale. Unless otherwise stated in the seller's Auction Description, the terms of sale of an auction item are as follows: • Buyer pre-pays in US funds by personal or business check, bank check, money order, escrow, credit cards and/or through GPal. • Personal or business checks will be held until seller confirms funds have cleared. • Unless otherwise agreed between buyer and seller, buyer pays estimated/actual cost of shipping and insurance. • Payment must be received within 7 days of initial contact by seller. • Item is guaranteed by seller (not GunClub.com) to be working and as described when delivered; no other warranty (express or implied) is offered by seller. • Firearms must be shipped only to an FFL Holder. Buyer must mail a copy of their (or their transfer dealer's) license, signed in blue or red ink, to the seller before the item can be shipped. Buyer must make arrangements with a transfer dealer before placing a bid. • Unless otherwise agreed between buyer and seller, each of seller and buyer is responsible for any costs associated with licensed dealers. • Other items such as ammunition or knives may require proof of age before they can be shipped. The seller can hold personal checks or money orders until payment clears for a maximum of 15 business days. Items must be shipped promptly upon clearance of funds. In general, no transaction should take over 30 days from the close of auction until the buyer receives the item. 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. We strongly recommend insuring all shipments and using delivery confirmation wherever possible. Buyers and sellers acknowledge and agree that firearms may only be shipped to a licensed dealer (FFL Holder). Some listed items may not be legal in every state. It is your responsibility to ensure that any transaction conducted through the Site is in compliance with all laws, statutes, ordinances and regulations. 5. 'Side Deals' / Non-Winning Bidders. Any transaction made between a non-winning bidder and a seller is a 'side deal' and is outside the scope of this Site and its rules. We provide absolutely no assistance of any kind for buyers and sellers involved in a 'side deal' in any way in the event of problems. If a bid does not meet or exceed the reserve price (if any) on the item, then the bid is not a winning bid and the non-winning bidder is not obligated to buy the item. Sellers are prohibited from soliciting side deals with non-winning bidders during or after the auction. Non-winning bidders are prohibited from contacting sellers and requesting a side deal during or after the auction. Soliciting side deals may result in suspension or termination of your account. 6. Non-US Participants. The Site is only available to sellers and buyers located in the United States. You are permitted to participate in an auction on the Site unless are located in the United States and the entire transaction occurs within the United States. 7. Dispute Resolution. For disputes between a buyer and seller, we provide a feedback system where buyers and sellers can post their experiences with the other party for all to see. Although buyer/seller disputes are rare, GunClub.com is not a court and cannot and will not arbitrate disputes or arguments between users. GunClub.com is not responsible for any disputes that may arise between the seller and buyer, and seller and buyer hereby indemnify and hold harmless Gunclub.com for any losses that it may incur in connection with any such dispute. 8. Auction Closing. The auction listings display the scheduled closing time for the auction. If there is bidding activity on the auction within ten (10) minutes of when the auction is scheduled to close, the auction automatically switches into a special mode analogous to the 'going, going, gone' period of a live auction. In this mode, the auction is automatically extended until there have been no bids placed within ten (10) minutes at such time, the auction closes. 9. System Abuse. This Site reserves the right to refuse service to anyone. We will exercise this right with "problem" buyers who win an auction and fail to complete the transaction, and with "problem" sellers who list an item and fail to sell it to the high bidder(s). Without limiting any other remedies, this Site may terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our Site. You agree to be liable for and to pay for any costs incurred by us for your misuse of the Site or for your violation of any of the Site's rules, including but not limited to End of Auction Fees incurred for any items you place for auction and fail to sell to the highest bidder(s), and the cost of our time spent in resolving deliberate rules violations. 10. Bid Manipulation. Bid manipulation of any kind is expressly forbidden. A seller is prohibited from placing bids or arranging to have bids placed on behalf of seller, seller's agent or assigns. No shill bidding is allowed. Buyers are prohibited from communicating with each other with the purpose of manipulating the final purchase price of an item. 11. Technical Difficulties. This Site is not responsible for bids not being processed or not being accepted due to technical difficulties. Auctions will not be extended due to technical problems. Do not wait until the last minute to bid. 12. Illegal Items. By registering as a member and using this Site you agree that all of your transactions will not violate any applicable local, state, federal and/or international laws. 13. Payments and Fees. Any and all payments made to this Site are non-refundable. This holds true whether or not the item sells. If you use a credit card, our billings may appear under the name Gun Club, Inc. Fees for using the Auction Services are detailed on our Fees page http://www.gunclub.com/gun-club-fees/. The Fees page is incorporated into this document by reference. By placing a credit card on file with us you expressly authorize us to charge your card for any fees you accrue as a result of using (or misusing) this Site. You authorize us to consolidate balances from any duplicate accounts you may have created on our Site and bill them to your credit card. You may revoke your authorization by sending a written request to Gun Club, Inc., P.O. Box 21347, Mesa, AZ 85277. We reserve the right, and you hereby authorize us, to continue to bill your card for any services rendered prior to receipt of your written request, or for any fees accrued for any action taken prior to the receipt of your written request (such as any active item listings posted prior to receipt). By using a credit card to pay us you agree to unconditionally waive any and all 'chargeback' rights. If you deliberately or inadvertently issue a 'chargeback' to your credit card, your account will be terminated and you agree to pay a processing and collection fee to cover our costs, fees and fines for processing the chargeback for each and every chargeback initiated. Failure to pay these fees will result in your account being turned over to a collection agency and we will pursue legal actions to the fullest extent of the law. Past due accounts will be terminated and the seller's auctions may be voided at our discretion. Promotional offers, including free or discounted listings, will be void if your account is more than 30 days past due. Accounts that are or have been past due will have their credit limit reduced to zero. Past due balances will be subject to a finance charge of 1.5% per month or the highest amount permitted by applicable law; whichever is lower. If your account is past due you agree to pay any and all collection costs including but not limited to court costs, attorney's fees, collection agency fees, and administrative costs. 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 to bid, buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time. Bidders: We do not accept payment in any form for any item(s) that you bid on. You must remit payment directly to the seller for any item you bid on or win. If you pay us for an item you won we reserve the right to deduct any fees or costs we incur as a result of receiving your payment or refunding your money, including check fees and/or credit card transaction fees. 14. Credits for Non-paying Buyers. If a bidder wins an item and does not complete the transaction in accordance with the auction rules we will issue a credit for the relist of the item. To get a credit for the item relist you must follow the instructions posted on our Fees page. Sellers: You are obligated to complete the transaction with the winning bidder if the auction closes with a winning bidder. If the item has a winning bidder and you refuse to sell the item or the item has been sold elsewhere you will not get a credit for any fees you incurred. We do not issue credits for sales in which you (the seller) fail to complete the transaction. We do not issue credits for listings/sales which violate our posted rules and policies, including illegal/improper/invalid listings and listings that incur fees due to 'shill' bidding. 15. Fee Avoidance. Attempting to circumvent or avoid paying our fees is prohibited. Fee avoidance will result in a warning being issued and, if repeated violations occur, termination of the seller's account. Examples of Fee Avoidance include: • Using contact information obtained from the Site or using any Site feature to offer to sell merchandise outside of the Site. • Canceling a listing to sell the item to anyone who contacted the seller through the Site or became aware of the item through the Site. • Ending an auction listing early to sell the item at a higher price to the winning bidder. It is permissible to end the auction to sell the item at the winning bid price. • Using contact information obtained from the Site or using any Site feature to offer to sell an item outside of the Site to a bidder who placed a bid but did not meet the Reserve Price. • Using contact information obtained from the Site or using any Site feature to sell duplicate or additional merchandise outside of the Site to non-winning bidders. • Offering in a listing the opportunity to purchase the item or other merchandise outside of the Site. • Linking to an item on another web site that is identical to the item offered at auction but is priced lower than the auction item's Reserve Price or Starting Bid. • Listing an item with a low price but charging unreasonably high shipping or handling costs • Listing a single item and offering additional identical items for sale in the item description. In this type of listing the seller instructs buyers to indicate the number of items they want and states that they can get the same price as the item in the listing. Version 1.0: Last updated: May 18, 2010
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