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Simply the best place
online to Buy, Sell, and Trade Guns in America.
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;
-
circumvent
or manipulate our fee structure, the billing process,
or fees owed to GunMountain.com;
-
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;
-
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:
-
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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NOTE:
All Local, City, County, State, and Federal laws and ordinances must
be strictly adhered to.
Gunmountain.com Inc. is a classifieds directory service only, nothing
more. We make no warrantees, expressed or implied, that the seller,
firearm, or any sales item actually exist. We are not responsible for
any sales, lack thereof, or any buyer-seller disputes. Please check
seller references before making any transactions. Any transactions are
made at your own risk. Check all applicable firearms transaction laws
in your State before purchasing. Gun Mountain Inc., and it's affiliates
are not responsible for the compliance, or non-compliance, of any National,
BATF, State, City, County, or local laws/regulations!
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