Conditions of Use

Gun Genius™ TERMS AND CONDITIONS

TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW: (1) THESE TERMS AND CONDITIONS (“T&C”) GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE (THE “SITE”), TOGETHER WITH ALL THE INFORMATION AND CONTENT AVAILABLE THROUGH THE SITE, AND (2) YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE T&C.    

1.         SCOPE OF T&C         
These T&C have been provided by GunBroker.com, LLC (“GB” or “we/us”) to govern your use of the Site, as well as all content available through the Site, including but not limited to, text, graphics, data, images, software and other material presented or otherwise displayed through the Site (collectively known as “Content”) and (c) any information and data (collectively, “Information”) available through the Site.  Where you have entered into a separate agreement with respect to this Content or Information, such agreement shall be deemed to prevail in the case of any conflict between these T&C and such agreement.  

2.         U.S.-BASED SITE WITH THIRD PARTY ADVERTISERS  

The Site is hosted on servers located in the United States, and third party advertisers on the Site may place cookies on the equipment or devices of users (see Section 6 below on Cookies). These practices may not conform with the laws applicable in the jurisdiction(s) of residence of users outside the US. All such use is at the user’s own risk, and if you do not consent to the placement of such cookies by such third parties, please do not use the Site.  


3.         MODIFICATIONS.  

We may revise and update these T&C at any time. To the fullest extent possible under applicable law, your continued usage of the Site after such modifications shall be deemed conditional upon your agreement to the modified T&C. We may terminate, update, alter or supplement any  Content or Information available through the Site at any time. In the event of any material modification to these T&C, we will post the modified T&C on the Site and notify you in accordance with applicable law.

4.         LICENSE AND OWNERSHIP.  Any and all intellectual property rights (“Intellectual Property”) associated with the Site and the Content and Information shall be the sole property of CCT, its affiliates or third parties. CCT hereby grants you a limited, personal, non-transferable, non-sub-licensable, revocable license to (a) access and use the Site, Content and Information only in the manner prescribed herein, and (b) access and use the Site only in the manner expressly permitted by us. Except for this limited license, you have no right or interest in the Site, Content, Information or any related Intellectual Property due to your permitted access to the Site. Except to the extent required by law or as expressly provided for herein, none of the Site, Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without our prior written consent.  


5.         RESTRICTIONS ON THE USE OF THE SITE.  
In addition to the other restrictions set out in these T&C, you agree that you shall not:  
(a)   Provide false or misleading information via the Site;
(b)  Input or upload via the Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Site, Content or Information or that infringes the Intellectual Property rights of another.
(c)   Use or access the Site, Content or Information in any way that may adversely affect the performance or function of the same, or interferes with the ability of authorized parties to access the same.  

6.         USE OF COOKIES.  
A “cookie” is a small text file sent to a user’s browser for storage on the user’s hard drive or mobile device. Cookies can make use of the Internet more easily by saving status and preference data about a web site. Most browsers are initially set to accept cookies but users can change the setting to refuse cookies or to be alerted when cookies are being sent. Both we and our third party advertisers may place cookies on your hard drive or device as part of your use of the Site, and those placed by our advertisers may contain your personal information and/or track your behaviour across websites in addition to the Site. Unless deleted, these cookies remain on your computer or device even after you leave the Site. You may prevent this either by setting your browser to reject cookies or by visiting the following website in order to opt out of placement of cookies by most mobile advertisers: http://www.networkadvertising.org/choices/.

7.         CALIFORNIA DO NOT TRACK.  
At this time, there is no worldwide uniform or consistent industry standard or definition for responding to, processing, or communicating “Do Not Track” signals. Thus, the Site is unable to respond to “Do Not Track” signals.  Please refer to the instructions in your browser in order to determine the appropriate settings in order to signal your preferences in this regard, but be aware that all of the functionality of the Site may not be available to you if your settings block tracking cookies placed by us or by third parties.   

8.         LINKS.  
(a)  Outbound Links. The Site may contain links to third-party websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to you and not as an endorsement by us of the content on such Linked Sites. We make no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. If you decide to access Linked Sites, you do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use thereof, including but not limited to, the Linked Site’s privacy policy.
(b) Inbound Links. Linking to any page other than to http://www.gungenius.com through a plain text link shall be strictly prohibited in the absence of a separate linking agreement with us. Any website or other device linking to http://www.gungenius.com or any page available therein is prohibited from (i) replicating Content or Information, (ii) using a browser or border environment around the Content or Information, (iii) implying in any fashion that GB or any of its affiliates are endorsing it or its products (iv) misrepresentation in any statement of fact, including its relationship with GB or any of its affiliates, (v) presenting false information about the products or services of GB or its affiliates, and (vi) using any logo or mark of GB or any of its affiliates without our express written permission.  

9.         SUBMISSIONS.  
We do not accept ideas, concepts, or techniques for new services or products through the Site (“Comments

”). If any such Comments are received, you hereby acknowledge that (a) they shall not be considered confidential or proprietary, (b) GB and its affiliates shall be under no obligation to keep such information confidential, and (c) GB shall have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner it may choose. 

10.       DISCLAIMER OF WARRANTIES.    TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE GB PARTIES MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SITE OR THE CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE USE OF THE SITE. NO INFORMATION OBTAINED BY YOU VIA THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY US IN THESE T&C. SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF IMPLIED WARRANTIES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, SHALL NOT BE AFFECTED BY THESE PROVISIONS. YOU HEREBY AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE T&C ARE FAIR AND REASONABLE.

11.       LIMITATION OF LIABILITY.  
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE CCT PARTIES OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOST PROFITS, AND/OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT OR INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL FOUNDATION, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY OF THE CCT PARTIES FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED US$100.00 (ONE HUNDRED UNITED STATES DOLLARS). TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU UNDER THESE T&C SHALL BE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR UNDER THESE T&C.    

12.       JURISDICTION.  
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, CONTENT AND INFORMATION SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE VENUEOF OR TO THE JURISDICTIONOVER ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, CONTENT AND/OR INFORMATION SHALL BE LODGED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION SHALL HAVE ARISEN. 

     

13.       GOVERNING LAW AND LANGUAGE.  
(a)   To the fullest extent permitted by law, these T&C shall be governed by the internal substantive laws of the State of Georgia, U.S.A. excluding (i) Georgia’s conflicts of laws’ principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna 11 April 1980.
(b)  To the fullest extent, permitted by law, the controlling language for these T&C and all correspondence and communications between You and CCT under these T&C shall be American English. Any translation has been provided for your convenience.
(c)   You agree to the admissibility of computer records and electronic evidence in any dispute herein.  

14.       GENERAL.   
If any provision of these T&C shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these T&C, which shall remain in full force and effect. No waiver of any of these T&C shall be deemed a further or continuing waiver of such term or condition or any other term or condition. These T&C shall inure to the benefit of and be binding upon the parties hereto, and their successors and assigns. These T&C may not be assigned by you without the prior written consent of GB. GB may freely assign any or all of its rights and/or obligations under these T&C. Nothing in these T&C, whether express or implied, shall confer upon any person or entity other than the parties hereto, and their respective successors and permitted assigns, any rights, remedies, obligations or liabilities under or by reason of these T&C, except that the GB Parties are the sole intended third party beneficiaries of these T&C.  

15.       COMPLETE AGREEMENT.  

Except as expressly provided in a separate written agreement between you and GB or another one of its affiliates, these T&C constitute the entire agreement between you and GB (or such affiliate) with respect to use the Site, Content and Information contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
  

15.       DIGITAL MILLENIUM COPYRIGHT ACT

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Site can be identified and removed via our process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

Any individual or corporate entity (“Copyright Owner”) that believes in good faith that a User has infringed such Copyright Owner’s copyright(s), can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not and will not make any legal decisions about the validity of a Copyright Owner’s claim or your defenses to a claim.

When a clear and valid notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content or blocking access to it. We may contact the notice provider to request additional information.

Under the DMCA, we are required to take reasonable steps to notify the User who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“counter-notice”). On receiving a counter-notice, we may restore the allegedly infringing content unless we receive notice from the original notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.

Notices and counter-notices are legal notices distinct from regular Site activities or communications, and are not subject to our Privacy Policy. This means that we may publish or share them with third parties at our discretion (in addition to producing them pursuant to a subpoena or other legal discovery request).

Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorney’s fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party, you should contact an attorney.

Filing a DMCA Notice

To file a DMCA notice, the Copyright Owner must send in a written letter by regular mail only (not by email). We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

  1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
  2. Identify the Content that a Copyright Owner claims is infringing on copyrighted work. Copyright Owner must provide information reasonably sufficient to enable us to locate the item on the Site. Copyright Owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
  3. Provide information sufficient to permit us to contact the Copyright Owner directly: name, street address, telephone number, and email (if available);
  4. If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
  5. Include the following statement: “I have 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. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
  7. The notice must be signed;
  8. The notice must be sent to our DMCA designated agent at the following address:

DMCA Designated Agent

GunGenius.com
P.O. Box 2511
Kennesaw GA 31056

Filing a DMCA Counter-Notice

If a User’s material has been removed or blocked by us as a result of a DMCA Notice, you may send us a counter-notice in accordance with Sections 512(g)(2) and (3) of the DMCA asking for the allegedly infringing material to be restored. To file a DMCA counter-notice with us, you must send a written letter by regular mail only (not by email).

When we receive a counter-notice, we will send a copy of the counter-notice to the party who originally requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. We reserve the right to ignore a counter-notice that is not in compliance with the DMCA and we may, but are not obligated to, respond to a non-compliant counter-notice.

Your counter-notice must:

  1. Describe and list all material(s) that were removed by us and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the material. The information provided should be as detailed as possible;
  2. Provide your name, address, telephone number and email address (if available);
  3. State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or Fulton County, Georgia if your address is outside of the United States);
  4. State that you will accept service of process from the person (or an agent of such person) who provided the DMCA notice to us.
  5. Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  6. The counter-notice must be signed.
  7. The counter-notice must be sent to our designated DMCA designated agent at the following address:

DMCA Designated Agent
GunGenius.com
P.O. Box 2511 Kennesaw, GA  30156


© 2017 GunBroker.com, LLC
Last updated:  Dec 4, 2017