TERMS AND CONDITIONS OF USE
Welcome to Gunstores.com. These Terms and Conditions of Use (“Terms of Use”) govern the use of
the
website
Gunstores.com, including any content, functionality, and services offered on or through the Gunstores.com website
(the “Website”) to individual users of the Website. Gunstores, LLC
(“Gunstores,” “we,” “our,”
or “us”) owns and
operates the Website.
You should also review the Website’s Privacy Policy, which is incorporated
into
these
Terms of Use. The Privacy Policy explains our information collection
practices, such as the types of information we collect regarding visitors to the Website and how we may use that
information.
BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO
ALL OF THE PROVISIONS SET FORTH IN THESE TERMS OF USE OR THE PRIVACY POLICY, DO NOT USE THIS WEBSITE. By use of
the
Website, each individual user hereby affirms that he or she is at least 18 years of age and fully able and
competent
to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these
Terms of Use, and each user hereby agrees to abide by and comply with these Terms of Use.
Certain businesses or organizations may register and establish an account with Gunstores through the Website to
conduct
business with Gunstores or consumers on the Website. Separate Terms and Conditions of Use govern the
business-to-business
Website operations and services available only to such authorized and registered business users.
Locating Authorized Vendors on this Website. Gunstores does not sell firearms to consumers
through
the
Website or any other
means. Furthermore, Gunstores is not a wholesale distributor of firearms or a distributor or retailer of any of
the
products or services displayed or advertised on the Website. Federal law prohibits the interstate sale of firearms
to
persons or entities that do not have a valid Federal Firearms License issued by the U.S. Department of Justice,
Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”). Part of the Website’s functionality,
however, provides a
means for consumers to search for and locate a firearms dealer who may sell firearms to legally authorized retail
purchasers pursuant to a Federal Firearms License and in compliance with federal, state and local laws and
regulations (an “Authorized Vendor”). A consumer who wishes to purchase a firearm must complete
the
purchase and take physical possession of the firearm directly with the Authorized Vendor.
Any reference to or information regarding an Authorized Vendor, or such Authorized Vendor’s products or services
on
this Website, does not constitute an endorsement or recommendation of that particular Authorized Vendor by
Gunstores.
None
of the Authorized Vendors with which you may come into contact through the Website are within the control of, or
under common control with, Gunstores, and we are not responsible in any manner for their policies or practices. If
you
have
any questions concerning an Authorized Vendor, you should contact the Authorized Vendor directly, or contact your
local law enforcement or regional ATF office.
Compliance with Federal, State and Local Laws. Gunstores makes no covenant, warranty or
representation
that any firearms
and other products displayed or advertised on the Website will conform to any federal, state or local laws,
ordinances, regulations, codes or standards related to the sale and use of firearms. Firearms shown on the Website
are not an offer to ship the firearm to any jurisdiction where its sale is prohibited by law. Because of legal
restrictions, not all firearms listed on the Website are available for purchase in all areas. Also, attaching
certain
accessories to your firearm may render it prohibited in certain states and locales. It is the responsibility of
you
and the Authorized Vendor that you select to assure that your purchase and ownership of a firearm is made in
compliance with all federal, state and local laws, ordinances, regulations, codes and standards. It is your
responsibility to determine whether your state and local laws, ordinances, regulations, codes and standards allow
you
to install specific accessories on your firearm.
Firearms and certain other products identified on the Website have specific age restrictions with respect to
ownership or use. These restrictions may be based on product specifications or your state of residence or
delivery.
Such products may be limited as to ownership or use by individuals who are at least 18 or 21 years of age. You
hereby
acknowledge and agree that it is your explicit responsibility to remain informed of any and all such restrictions
that may apply to you.
Use of Third Party Information and Websites. In addition to facilitating the search for
Authorized Vendors and
information regarding Authorized Vendor products or services, the Website contains links that you may use to
access
certain third-party websites, including the websites of Authorized Vendors and other firearms, ammunition, and
shooting sports industry organizations as described below. Such websites are not under our control, and we make no
representations or warranties, express or implied, as to the accuracy of any of the information or material
located
on the other websites. The inclusion of a link to another website does not imply any recommendation or endorsement
of, or affiliation with, the other website. When you leave Gunstores.com and visit another website, we encourage
you
to first read the terms and conditions and the privacy policy of the new website, as your use of that website will
be
subject to the terms and policies applicable to it.
We allow manufacturers, advertisers, and other industry organizations (collectively, “Sponsors”)
to
promote goods,
services and other materials on the Website. Descriptions of, or access or references to products, services,
publications or information provided or offered by an Authorized Vendor or a Sponsor within the Website does not
imply endorsement of the product, service or publication by Gunstores. Your dealings with an Authorized Vendor or
Sponsor
found on or through the Website are solely at your risk, and Gunstores will not be responsible or liable for any
resulting
loss or damage of any sort incurred by you. You should carefully review all policies and practices before you
engage
in any business dealings with any Sponsor. Any complaints, concerns or questions you may have relating to
materials
provided by an Authorized Vendor or Sponsor should be directed to that company or organization.
Changes in Prices and Product Information. We reserve the right to add, change, modify,
suspend or discontinue any
portion of the Website or the products or services offered at any time. Prices and information relating to
products
displayed on the Website, or services advertised on the Website, are controlled by the manufacturer and/or
Authorized
Vendor, or Sponsor offering the product or service and are subject to change without notice. Product descriptions
are
provided by the manufacturer of the item and Gunstores does not warrant that product descriptions are accurate,
complete,
reliable, current, or error-free. Typographic, photographic, and descriptive errors are subject to correction and
we
will not be liable for any errors or omissions. All prices on the Website are quoted in U.S. Dollars.
Comments and Submissions. You may submit comments and feedback by e-mail and through the Website’s Contact Us feature. From time to time the Website may provide other
functionality to give you a means to express to us your opinions or share information, ideas, materials,
photographs,
and other content generated by you (each, together with any electronically submitted comments and feedback, a
“Submission”). You agree that you are solely responsible for any Submission that you submit
through
the Website or
directly to Gunstores (including by e-mail). You warrant to Gunstores that you own or otherwise control all rights
necessary
to
provide each such Submission made by you, and you covenant that, with respect to each such Submission, (a) it will
not contain your confidential information or any confidential information belonging to another; (b) it is accurate
and will not cause injury to any person or entity; (c) you shall have all necessary rights and permission to make
such submission; and (d) it does not infringe upon or violate the rights of any third parties, including, without
limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights. You
agree to indemnify Gunstores for all claims resulting from any Submission you supply. Gunstores has the right, but
not the
obligation, to monitor and edit or remove any Submission at our absolute discretion. Gunstores takes no
responsibility
and
assumes no liability for any Submission supplied by you or any third party.
By making any Submission (including by e-mail) you waive any claim or requirement that we maintain the Submission
in
confidence or compensate you in any way for our use of all or any part of the Submission. Furthermore, you grant
to
Gunstores a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce,
modify,
adapt, publish, perform, broadcast, translate, create derivative works from, distribute, display and otherwise
exercise all rights in and to such submission, through the Website or otherwise, in any form, media, or technology
now known or later developed, and, to the fullest extent permitted by law, you waive your moral rights in such
Submission.
Proprietary Rights to Website Content. The use of the Website by you confers no license,
express or implied, under
any patents, copyrights, know-how, or technology. The content of the Website consists of (a) textual information,
articles, opinions, directories, guides, and other text, graphics, photographs, illustrations, images, video and
audio clips, music, advertising and promotional materials, data compilations, software, designs, button icons, and
the graphical and non-graphical user interface of the Website, all of which are protected by U.S. and
international
copyright laws and are the property of Gunstores or its content suppliers, including, but not limited to,
Authorized
Vendors and Sponsors; (b) trademarks, logos, trade names, service marks, trade identities, and the domain names
and
URLs associated therewith, whether registered or unregistered (collectively the “Trademarks”),
all
of which are owned
by Gunstores or its content suppliers; and (c) other forms of intellectual property (all of the foregoing
collectively
and
individually are referred to as “Website Content”). The compilation of all Website Content
included
in or made
available through the Website is the exclusive property of Gunstores or the applicable Authorized Vendor or
Sponsor and
protected by U.S. and international copyright laws. The Trademarks may not be used in connection with any product
or
service by you in a manner that is likely to cause confusion in the marketplace, nor may the Trademarks be used in
any manner that disparages or discredits Gunstores. All Trademarks not owned by Gunstores that appear in the
Website Content
are
the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by
Gunstores.
You do not acquire any ownership rights in any Website Content by using the Website or by virtue of downloading,
printing, or using Website Content.
Use of the Website. You agree to use the Website only for lawful purposes and in a manner
consistent with all local,
state, national, and international laws, statutes, and regulations applicable to your use of the Website. Subject
to
your compliance with these Terms of Use, Gunstores or its content providers grant you a limited, non-exclusive,
non-transferable, non-sub-licensable license to access and make personal and non-commercial use of this Website
and
all of the Website Content, and you may download or copy Website Content only for such limited purposes. You may
not
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 Website Content, except as may be expressly authorized by
Gunstores
in writing. Gunstores reserves the right to monitor the Website for conduct in violation of these Terms of Use and
specifically disclaims all responsibility or liability for its acts or omissions in doing so.
While using the Website, you agree that you will not (a) attempt to breach the security or authentication measures
of
any portion of the Website; (b) circumvent any technical measures we use to provide any feature or functionality
of
the Website; (c) access Website Content or log into a server that you are not authorized to access; (d) attempt to
probe, scan, or test the vulnerability of a system or network without proper authorization; (e) attempt to
interfere
with or disrupt the Website or the servers or networks that support the Website; (f) interfere with any other
user’s
ability to access or use the Website, including, without limitation, by means of hacking or defacing any portion
of
the Website; (g) submit or distribute any virus, worm, spyware, malware, or any other computer code, file, program
or
technologies that may or is intended to harm, or otherwise interfere with, the operation of the Website, or the
interests or property of any user of or content supplier to the Website; (h) attempt to establish or log into an
account that you are not authorized to create or access; (i) impersonate any person or entity, misrepresent your
affiliation with any person or entity, or use any means to disguise the origin of any Submissions to us or through
the Website; (j) state or imply that we endorse any statement made by you; (k) submit through the Website or
directly
to Gunstores anything that is or may be: harmful, threatening, abusive, harassing, degrading, hateful,
intimidating,
defamatory, libelous, disparaging of any person or entity, misleading, false, fraudulent, tortious; obscene,
indecent, pornographic, vulgar, profane, or sexually explicit; intended to promote violence, racial hatred,
terrorism
or illegal acts; infringing, or in violation or misappropriation of, any patent, trademark, trade identity right,
trade secret, publicity right, privacy right, copyright or any other intellectual property rights of any third
party;
(l) use any site search/retrieval application, robot, spider, or other manual or automatic device or process
intended
to retrieve, index or in any way reproduce or circumvent the navigational structure or presentation of the Website
or
its contents; (m) use the Website in any way that would adversely affect Gunstores or reflect negatively on
Gunstores’s
goodwill,
name or reputation; (n) “frame” or “mirror” or utilize any framing techniques to enclose any part of the Website
Content; (o) use metatags, code or any “hidden text” or devices containing any reference to Gunstores or the
Website, or
utilizing the Trademarks, in order to direct any person to any other website for any purpose; (p) modify, adapt,
sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the
Website or any software used on or for the Website; or (q) assist others to do any of the foregoing.
Website Promotions. Gunstores periodically uses the Website to host contests and
auctions, and undertakes similar
activities, to promote products or causes of certain manufacturers, charities and third-parties (each, a
“Promotion”). A Promotion may include rules of participation or other terms that will be
accessible
to you through
the Website. All participation and other terms relating to a Promotion shall be deemed incorporated into and form
a
part of these Terms of Use. If you choose to participate in a Promotion, you should review the rules of
participation
and other terms related to such Promotion to determine if your participation is appropriate or allowed.
Indemnification. You agree to defend, indemnify and hold Gunstores and its subsidiaries,
affiliates, managers, officers,
directors, parent companies, agents, co-branders or other partners, and employees harmless from and against any
and
all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (a) the use of any
product or service purchased by you from an Authorized Vendor or Sponsor that was offered, advertised or marketed
through the Website, including but not limited to any property damage, personal injury or death related thereto,
(b)
your non-compliance with applicable federal, state or local laws or regulations, (c) any Submission by you,
including
but not limited to any actual or alleged infringement of any intellectual property rights with respect to such
Submission, or (d) your breach of these Terms of Use.
Disclaimer and Limitation of Liability. TO THE FULLEST EXTENT PERMISSABLE BY APPLICABLE LAW, Gunstores
DISCLAIMS
ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, Gunstores disclaims any and all warranties, express or implied, for any
merchandise
shown
or offered on this site. This disclaimer does not apply to any product warranty offered by the manufacturer or
wholesale distributor of any item shown or offered on the Website to the extent coverage under such warranty
program
is applicable to a particular item when purchased from an Authorized Vendor.
The Website is provided on an “AS IS” and “AS AVAILABLE” basis. Gunstores MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, WEBSITE CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS WEBSITE. Under no circumstances, shall Gunstores or any of its employees, directors,
officers,
agents, vendors or suppliers be liable for any direct or indirect losses or damages of any kind arising from the
use
of the Website, including, but not limited to direct, indirect, incidental, punitive, special, incidental and
consequential damages arising out of or in connection with the use of or inability to use the Website. If you are
dissatisfied with the Website or any Website Content, or with the Terms of Use, by use of the Website you agree
that
your sole and exclusive remedy is to discontinue using the Website.
Some jurisdictions may not allow the exclusion of implied or other warranties, or the limitation on liability
described above, so the above exclusions and limitation on liability may not apply to you. IF ANY SUCH EXCLUSIONS
OR
LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF
Gunstores
UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE PRICE PAID BY
YOU FOR THE SPECIFIC PRODUCTS OR PORTION OF THE PRODUCTS PROVIDED BY Gunstores GIVING RISE TO YOUR CLAIM OR CAUSE
OF
ACTION, AND YOU SHALL INDEMNIFY Gunstores FOR ANY COSTS, EXPENSES OR DAMAGES INCURRED BY Gunstores IN EXCESS
THEREOF.
Notice and Procedure for Making Complaints Regarding Website Content. If you are a
copyright
owner and believe that
any Submission or Website Content infringes upon your copyrights, you may submit a notification to our Copyright
Agent of your claims of copyright infringement in accordance with the Digital Millennium Copyright Act
(“DMCA”). To
comply with the DMCA, please provide the following information with your notice:
-
(a) The name of the owner of the exclusive right that is allegedly infringed, along with the name, address,
telephone number, e-mail address, and a physical or electronic signature of a person authorized to act on
behalf of the owner;
-
(b) A description of the exclusive right claimed to have been infringed, or, if multiple copyrighted works on
the Website are covered by a single notification, a representative list of such works on the Website;
-
(c) Identification of the material 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
Gunstores
to locate the material, such as the URL or a description of where the alleged infringing material is located on
the Website;
-
(d) A statement by the person authorized to act on behalf of the owner that the authorized person has a good
faith belief that use of the material in the manner complained of is not authorized by the owner of the
exclusive right, its agent, or the law; and
-
(e) A statement by the person authorized to act on behalf of the owner that the information in the notification
is accurate, and under penalty of perjury, that the authorized person is authorized to act on behalf of the
owner of the exclusive right that is allegedly infringed.
Gunstores’s Copyright Agent for notice of claims of copyright or other intellectual property infringement, can be
reached
as follows:
By U.S. Postal Service:
Gunstores, LLC
Attention: Legal Department
8320 Triad Drive
Greensboro, NC 27409
By electronic mail:
information@gunstores.com
Electronic Communication. You acknowledge that when you use this Website or send e-mails,
text messages, and other
communications to Gunstores, you are communicating with Gunstores electronically. You consent to receive
communications from
Gunstores
electronically. You agree that all agreements, notices, disclosures, and other communications that Gunstores
provides to
you electronically satisfy any legal requirement that such communications be in writing.
Enforcement and Termination. Gunstores reserves the right to use any technological, legal,
operational, or other means available to enforce the terms and provisions of these Terms of Use, including without
limitation, blocking specific IP addresses or access to this Website. If you have utilized the Website to locate
an
Authorized Vendor and/or a firearm or other product for purchase from an Authorized Vendor and you place an order
for
such product with an Authorized Vendor you are responsible for any agreements you have made with respect to such
purchase.
Governing Law. You agree that these Terms of Use shall be governed by, and construed in
accordance with, the laws of
the State of North Carolina, without regard to principles of conflicts of law. By your use of the Website, you
consent to the personal jurisdiction of the state and federal courts located in North Carolina for adjudication of
any claim or dispute related to these terms or to firearms or other products displayed on the Website. You further
agree that the state or federal courts in North Carolina will be the exclusive venue for adjudication of any such
claim or dispute.
Modifications of these Terms and the Agreement. Gunstores reserves the right, at any time
and
for
any reason in its sole
discretion, to change, modify, or amend these Terms or Use. Any such change, modification or amendment will be
posted
on the Website, and will specify its effective date. Therefore, you should review these Terms of Use prior to
using
the Website. Your use of the Website after these Terms of Use are changed, modified or amended by Gunstores will
signify
your agreement to be bound by such changed, modified or amended Terms of Use.
Other Terms. All rights and remedies of Gunstores in these Terms of Use are in addition
to, and
not
lieu of, any rights or
remedies that Gunstores may have at law or in equity. These Terms of Use supersede all other communications,
negotiations
and prior oral or written statements regarding the subject matter of these Terms of Use. If any provision of these
Terms of Use is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full
force
and effect. No change, modification, rescission, discharge, abandonment, or waiver of these Terms of Use shall be
binding upon Gunstores unless made in writing and signed on its behalf by its duly authorized representative. No
conditions, usage or trade, course of dealing or performance, understanding, or agreement purporting to modify,
vary,
explain, or supplement these Terms of Use shall be binding unless hereafter made in writing and signed by
Gunstores’s
duly
authorized representative. All typographical or clerical errors made by Gunstores in any quotation, acknowledgment
or
publication are subject to correction. These Terms of Use shall not be construed against the party preparing them,
but shall be construed as if all parties jointly prepared these terms and any uncertainty or ambiguity shall not
be
interpreted against any one party.
These Terms of Use, together with the Privacy Policy constitute the entire understanding and agreement between you
and Gunstores relating to the Website, your use of the Website and services provided by the Website, and these
Terms of
Use
supersede any and all prior or inconsistent understandings.
If you have questions about these Terms of Use you may contact us by visiting Contact Us
or
by email at information@gunstores.com or at:
Gunstores, LLC
P.O. Box 275
Colfax, NC 27235
