Terms & Conditions for GunBroker Gold Service

Transcription

1 Terms & Conditions for GunBroker Gold Service WE RECOMMEND THAT YOU READ THESE TERMS & CONDITIONS CAREFULLY BEFORE AGREEING TO SUBSCRIBE TO THE GUNBROKER GOLD SERVICE, AS THEY CONTAIN TERMS THAT MODIFY AND SUPERSEDE THE GUNBROKER USER AGREEMENT AND PRIVACY POLICY, INCLUDING YOUR AGREEMENT TO RECEIVE CERTAIN PROMOTIONAL MESSAGES. THESE TERMS & CONDITIONS WILL APPLY IF YOU CLICK TO SUBSCRIBE TO THIS SERVICE, WHETHER OR NOT YOU HAVE READ THEM. Introduction Welcome to GunBroker Gold, a premium subscription service for the users of GunBroker.com website at (including any subdomains, the Site ). These Terms & Conditions (these "T&C") describe the GunBroker Gold service (the GG Service ) and the terms and conditions for participation in the GG Service. All GunBroker.com users are subject also to the GunBroker.com User Agreement, which incorporates the Site Rules and Privacy Policy of the Site (collectively, the User Agreement ), and which is hereby incorporated in these T&C by reference. All capitalized terms not otherwise defined herein have the meanings given in the User Agreement. In the event of a direct conflict between the terms of these T&C and the User Agreement, the provision of these T&C shall prevail, but to the greatest extent allowable by applicable law, the provisions of the User Agreement shall be interpreted as applying equally to the GG Service and your use of it. PLEASE READ THESE T&C CAREFULLY. IN ORDER TO PARTICIPATE IN THE GG SERVICE, YOU MUST SIGNIFY YOUR AGREEMENT TO THESE T&C. In its sole discretion, GunBroker.com, LLC ( GB, we or us ) may modify or revise these T&C or any other posted rules, guidelines and directions at any time with notice to you as required by applicable law, and you agree to be bound by such modifications or revisions as you use the GG Service. Nothing in these T&C shall be deemed to confer any third-party rights or benefits. 1. Registration for GunBroker Gold Service In exchange for the annual fee described below, users of the Site may subscribe on an annual basis for the GG Service. Upon receipt of the required fee and your providing us certain information about the registrant as contained in the registration process, you will be enrolled in the GG Service for a period of one (1) year from your date of registration. By registering for the GG Service, you agree: (i) all information submitted during the registration process is true and correct, (ii) if the subscriber is a company or other entity, the person registering is an authorized signatory for such entity; and (iii) you are over the age of legal majority in the jurisdiction where you reside. As used herein, a registrant who has paid the fees described below, whose GunBroker.com account is in good standing, and who has provided the registration information described above is called a GG Subscriber. In registering for the GG Service, you may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another person or entity s user ID or password for the GG Service. You are solely responsible for the activity that occurs on your GG Service account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GB, our affiliates, or others due to such unauthorized use. 2. Description of the GG Service Features and Benefits. Upon payment of the fee described below, GG Subscribers will receive:

2 by mail at the address provided at the time of registration certain GunBroker.com promotional items chosen by us for the enjoyment of subscribers. Depending on availability and other factors, these items may include one or more of any of the following, as well as other items at our sole discretion: tote bag, eye protection, bumper sticker, etc. Digital badge which will be presented on GunBroker.com other items or opportunities as we may determine on an ongoing basis. All the physical and electronic items described above are collectively referred to herein as GG Swag ). Please note that we cannot change or add to the items of GG Swag being provided, whether in response to GG Subscriber requests, however we expect the contents of the package to change over time. Promotional Offers. As an GG Subscriber, you will also automatically be added to the GunBroker.com Newsletter and Promotional Offers lists, which may include s and other mailings or promotions from GunBroker, our affiliated companies, or third parties that we believe you may be interested in. You may unsubscribe from any mailing or other offer that you receive by following the instructions in the mailing or other communication you receive, or by contacting us at PLEASE NOTE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR CONSENT TO THESE T&C SUPERSEDES THE APPLICABLE PORTION OF THE GUNBROKER.COM PRIVACY POLICY. 3. Fees and Term of Subscription The annual fee to enroll in the GG Service is $49.95 per year, payable by credit card. The amount of these fees may be increased on a year-to-year basis by notice to you. Should you not agree to the applicable increase in annual fees for the GG Service, you should send a written notice of termination as provided below. Otherwise, you understand that ALL FEES PAID TO US ARE NON-REFUNDABLE. Note also, that once you become a GG Subscriber, GunBroker will bill you on an annual basis for the applicable annual subscription fee, unless we have received a written notice of termination of your subscription at least fifteen (15) days before the anniversary date of your first subscription. By placing a credit card on file with us you authorize us to charge your card for any subscription fees as described above, including in connection with annual renewals. You further authorize us to consolidate balances from any duplicate accounts you may have created as a GunBroker.com user, and bill them to your credit card. You may revoke your authorization by sending us a written request to gunbrokergold@gunbroker.com, LLC, [P.O. Box 2511, Kennesaw, Georgia, 30156]. We may continue to bill your credit card or direct payment account for any fees for any services rendered or actions by you or by us taken prior to the receipt of your written revocation. Our billings may appear under the name GunBroker.com. BY USING A CREDIT CARD YOU HEREBY UNCONDITIONALLY WAIVE ANY AND ALL CHARGEBACK RIGHTS YOU MAY HAVE. If you have any question about a charge on your credit card, contact us as described in the Notices section below. If you deliberately or inadvertently issue a chargeback to your credit card, your account will be terminated and you agree to pay a $50 processing and collection fee in addition to all other fees owed hereunder. 4. Termination of GG Subscription GunBroker may terminate your subscription or access to all or any part of GG Events, GG Swag or other items if we deem you to have violated these T&C or the User Agreement. We may do

3 this with or without notice to you, effective immediately. You may terminate your use of the GG Service at any time by sending a written notice to us as described in the Notice section below, provided that all provisions of these T&C, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 5. Branding All items of GG Swag, any GunBroker Gold portions of the Site, and all branding for GG Events will contain intellectual property such as trademarks, tradenames, service marks and copyrighted items. All such intellectual property shall be subject to the terms of the User Agreement, and you do not receive any license to use or other right to any such intellectual property except as expressly stated herein. 6. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE GG SERVICE SHALL BE AT YOUR SOLE RISK, AND ALL GG SWAG, GG EVENTS AND THE GG SERVICE IS PROVIDED ON AN AS IS, WHERE IS BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, GUNBROKER.COM, ITS PARENT COMPANY AND AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE GG SWAG, GG EVENTS AND THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY SITE OR CONTENT THEREOF; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR THE GG EVENTS; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY. GUNBROKER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 7. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GUNBROKER OR ITS PARENT, AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS (COLLECTIVELY< GB PARTIES ) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE GG SERVICE, GG SWAG OR PARTICIPIATION IN THE GG EVENTS OR USE OF ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE GG SERVICE, EVEN IF WE OR OUR SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GUNBROKER ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL USER CONTENT, VIDEOS, IMAGES, GRAPHICS, AND OTHER MATERIAL; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE

4 WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE GG SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE GG SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE GG SERVICE. THE SITE IS CONTROLLED AND OFFERED BY GUNBROKER.COM, LLC FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATIONS THAT THE GG SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE GG SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, GUNBROKER AND ITS SUPPLIERS' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 8. Indemnification In addition to the items you have agreed to indemnify the GB Parties for in the User Agreement, you agree you will indemnify for any of the following on the same terms provided in the User Agreement: (I) your breach of these T&C, (II) any damages to property or personal injury of any person or entity caused by you or your use of the GG Service or participation in any GG Event; or (iii) any other damages to third parties arising from your use of the GG Service. This defense and indemnification obligation will survive these T&C and your use of the GG Service. 9. Assignment These T&C, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Subject to the foregoing, these T&C inure to the benefit and bind each of the parties respective successors, permitted assigns, heirs and executors. 10. Notices All notices under these T&C shall be provided in written form as follows: to GunBroker, by U.S. mail to P.O. Box 2511, Kennesaw, Georgia, 30156, and to subscriber, at the or street address provided at time of registration. Either party may update the address for notices in writing to the other. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (3) days after the date of mailing. 11. Governing Law and Dispute Resolution The governing law for these T&C, and the dispute mechanism for any claims, proceedings or disputes relating to these T&C or the GG Service shall be as provided in the User Agreement. 12. Electronic Execution

5 Your electronic acceptance of these T&C on the web site on which it is displayed shall constitute your acceptance of all terms and conditions herein and such acceptance shall have the same legal force and effect as if you had physically signed such in ink. 13. Miscellaneous If any provision of these T&C is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of these T&C, and the remainder shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of these T&C (including the User Agreement, Site Rules or other document incorporated by reference herein) shall not constitute a waiver of such right or provision. These T&C, together with the other documents incorporated herein, comprise the entire agreement between you and GunBroker.com concerning the GG Service and supersedes all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein. All provisions in these T&C regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these 2015 GunBroker.com, LLC Last updated: November 6, 2015