TERMS
AND CONDITIONS
The following describes the terms on which Gun Mountain offers you access
to our website.
Introduction
Welcome to Gun Mountain! By using our services, you are agreeing to
the following terms, (the "Agreement" or "User Agreement")
with Gun Mountain Inc. If you have any questions, please refer to
the Help section on the GunMountain.com.
Before you may become a member of Gun Mountain, you
must read and accept all of the terms and conditions in this User
Agreement.
This Agreement is effective on June 1, 2007, for current
users, and upon acceptance for new users.
While using GunMountain.com, you will not:
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post
content or items in an inappropriate category or areas on the Site;
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violate
any laws or third party rights;
-
use
the Site if you are not able to form legally binding contracts,
are under the age of 18, or are temporarily or indefinitely suspended
from our Site;
-
manipulate
the price of any item or interfere with other user's listings;
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circumvent
or manipulate our fee structure, the billing process, or fees owed
to GunMountain.com;
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post
false, inaccurate, misleading, defamatory, or libelous content (including
personal information);
-
take
any action that may undermine the feedback or ratings systems (such
as displaying, importing or exporting feedback information off of
the Site or for using it for purposes unrelated to GunMountain.com);
-
transfer
your GunMountain.com account (including feedback) and User ID to
another party without our consent;
-
distribute
or post spam, chain letters, or pyramid schemes;
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distribute
viruses or any other technologies that may harm GunMountain.com,
or the interests or property of GunMountain.com users;
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copy,
modify, or distribute content from GunMountain.com copyrights and
trademarks; or
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harvest
or otherwise collect information about users, including email addresses,
without their consent.
Abuse
GuMountain.com works to keep the Site working properly and the user
community safe. Please report problems, offensive content, and policy
violations to us.
Without limiting other remedies, we may limit, suspend,
or terminate your service and user accounts, prohibit access to our
website, delay or remove hosted content, and take technical and legal
steps to keep users off the Site if we think that they are creating
problems, possible legal liabilities, or acting inconsistently with
the letter or spirit of our policies. We also reserve the right to
cancel unconfirmed accounts or accounts that have been inactive for
a long time.
Fees and Services
Joining GunMountain.com and viewing ads is free. We currently do not charge fees for any services, such as posting classified ads.
Content License
When you give us content, you grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, right to exercise the copyright,
publicity, and database rights (but no other rights) you have in the
content, in any media known now or in the future.
Liability
You will not hold GunMountain.com responsible for other user's
actions or inactions, including things they post. You acknowledge
that we are only a classified ad site and do not participate in the
transaction process between buyers and sellers who contact each other
through the Site. Instead, the Site is a venue to allow anyone to
offer, sell, and buy guns and gun-related equipment and accessories,
at anytime, from anywhere, in a variety of pricing formats and venues,
such as Seller Stores, fixed price formats and offers-to-buy. We are
not involved in the actual transaction between buyers and sellers.
We have no control over and do not guarantee the quality, safety or
legality of items advertised, the truth or accuracy of listings, the
ability of sellers to sell items, the ability of buyers to pay for
items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the
seller to the buyer, and nothing in this agreement shall modify the
governing provisions of California Commercial Code § 2401(2)
and Uniform Commercial Code § 2-401(2), under which legal ownership
of an item is transferred upon physical delivery of the item to the
buyer by the seller. Unless the buyer and the seller agree otherwise,
the buyer will become the items lawful owner upon physical receipt
of the item from the seller, in accordance with California Commercial
Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further,
we cannot guarantee continuous or secure access to our services, and
operation of the Site may be interfered with by numerous factors outside
of our control. Accordingly, to the extent legally permitted, we exclude
all implied warranties, terms and conditions. We are not liable for
any loss of money, goodwill, or reputation, or any special, indirect,
or consequential damages arising out of your use of GunMountain.com.
Some jurisdictions do not allow the disclaimer of warranties or exclusion
of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found
to be liable, our liability to you or to any third party is limited
to the greater of (a) the total fees you paid to us in the 12 months
prior to the action giving rise to the liability, and (b) $100.
Release
If you have a dispute with one or more users, you release us (and
our officers, directors, agents, subsidiaries, joint ventures and
employees) from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, 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."
Access and Interference
The Site contains robot exclusion headers. Much of the information
on the Site is updated on a real-time basis. You agree that you will
not use any robot, spider, scraper or other automated means to access
the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
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take
any action that imposes or may impose (in our sole discretion) an
unreasonable or disproportionately large load on our infrastructure;
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copy,
reproduce, modify, create derivative works from, distribute, or
publicly display any content (except for Your Information) from
the Site without the prior expressed written permission of GunMountain.com
and the appropriate third party, as applicable;
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interfere
or attempt to interfere with the proper working of the Site or any
activities conducted on the Site; or
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bypass
our robot exclusion headers or other measures we may use to prevent
or restrict access to the Site.
Privacy
We do not sell or rent your personal information to third parties
for their marketing purposes without your explicit consent. We view
protection of users' privacy as a very important issue of trust. We
store and process your information on computers located in the United
States that are protected by physical as well as technological security
devices. You can access and modify the information you provide us
and choose not to receive certain communications by signing-in to
your account. For a complete description of how we use and protect
your personal information, see the GunMountain.com Privacy Policy.
If you object to your Information being transferred or used in this
way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents,
subsidiaries, joint ventures and employees), harmless from any claim
or demand, including reasonable attorney's fees, made by any third
party due to or arising out of your breach of this Agreement, or your
violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served
on GunMountain.com to the email address you provide to us during the
registration process. Notice shall be deemed given 24 hours after
email is sent, unless the sending party is notified that the email
address is invalid. Alternatively, we may give you legal notice by
mail to the address provided during the registration process. In such
case, notice shall be deemed given three days after the date of mailing.
Each of these policies may be changed from time to
time. Changes take effect when we post them on the Site. When using
particular services on the Site, you are subject to any posted policies
or rules applicable to services you use through the Site, which may
be posted from time to time. All such policies or rules are hereby
incorporated into this Agreement.
General
If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall
be enforced. In our sole discretion, we may assign this Agreement
in accordance with the Notices Section. Headings are for reference
purposes only and do not limit the scope or extent of such section.
Our failure to act with respect to a breach by you or others does
not waive our right to act with respect to subsequent or similar breaches.
We do not guarantee we will take action against all breaches of this
Agreement.
We may amend this Agreement at any time by posting
the amended terms on this Site. Except as stated elsewhere, all amended
terms shall automatically be effective 30 days after they are initially
posted. Additionally, we will notify you through the GunMountain.com
Message Center. This Agreement may not be otherwise amended except
in a writing signed by you and us. This Agreement sets forth the entire
understanding and agreement between us with respect to the subject
matter hereof. The following Sections survive any termination of this
Agreement: Fees and Services (with respect to fees owed for our services),
Release, Content License, Liability, Indemnity and Resolution of Disputes.
You may report complaints to the Complaint Assistance
Unit of the Division of Consumer Services of the California Department
of Consumer Affairs by contacting them in writing at 400 R Street,
Sacramento, CA 95814, or by telephone at (800) 952-5210.
Copyright
All material on GunMountain.com, located at the Internet address of
http://www.gunmountain.com/, is protected under United States and
International copyright laws. No portion may be copied, reproduced,
or redistributed in any manner, whatsoever, without specific consent
or licensing from the copyright owners.
Any and all other product and company names within
may be the trademarks of their respective owners.
All rights reserved.
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