Terms and Conditions

 

This agreement (this “Agreement) sets forth the terms and conditions between (the “Company”) and users (“you” or “your”) of the website machineguncentral.com (the “Site”) and governs your use of the services made available through the Site (the “Services”).  By entering, accessing, browsing, submitting information to, or otherwise using the Services, you acknowledge and agree to the following terms and conditions.  The Company may amend this Agreement from time to time without advance notice to you.  Your continued used of the Services following posting of any changes to the terms of the Agreement constitutes your acceptance of the changes.  If you do not agree with the terms and conditions of this Agreement at any time, you are required to cease use of this Site and not continue to use the Services.  The Company encourages you to print a copy of this Agreement for your records.  

The Company’s privacy policy (“Privacy Policy”) describes how the Company may use your personal information.  Your acceptance of this Agreement constitutes your acceptance of the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy please do not use the Services or access this Site

1.                  Accounts.  To use portions of the Services, you must be registered and provide account information, including personal data.  You agree to provide account information that is true, complete, current, and not misleading.  By registering for an account or using the Services, you represent that you are at least 18 years of age, and of the age of legal majority in your state or country of residence, if older than 18.  If you registered your company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your company each time that you use the Services.  You will be required to select a username and password.  You are solely responsible for maintaining the confidentiality of your password.  You agree to immediately notify the Company if you know or suspect that your account is being accessed or used without authorization.  Notwithstanding the foregoing sentence, you are fully responsible for all activity on your account, including, but not limited to, use of your account by any third party.  The Company reserves the right, in its sole discretion, to deny access to, or temporarily or permanently suspend your account at any time and for any reason or no reason.  

 

2.                  Termination.  You may terminate this Agreement, with or without cause and at any time, by discontinuing use of the Services and payment of all Fees due to the Company.  The Company may, without notice, suspend your access to the Services or terminate this Agreement for any of the following reasons:  (a) your failure to comply with any provisions of this Agreement; (b) your unauthorized or unlawful use of the Services; or (c) your failure or refusal, or consistent delay in paying Fees or other charges.  Notwithstanding the forgoing, the Company Duty reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part or aspect of the Services, at any time and without prior notice or liability.  Upon termination of this Agreement for any reason, the Company shall have no continuing obligation to you.  

3.                  Listings.  The Services are limited to an online, advertising venue for the sale and purchase of firearms, accessories and related items (“Items”).  Listings are limited to Items for sale in the United States.  The Services allow you to submit listings, including information and other content, of

Items for sale on the Services (each a “Listing”).  Listings expire after a certain time period of inactivity. 

You may re-post a Listing; provided you pay any additional fee.  You represent and warrant that all Listings are accurate, compete, current and not misleading, and that you will immediately notify the Company of any errors or omissions.  The Company has the right, but not the obligation, to monitor, edit, modify, refuse to post, or remove any Listing from the Services, in the Company’s sole discretion.  Notwithstanding this right, you acknowledge that the Company is not responsible for the content of any Listings.  Listings may contain content that is protected by copyright, trademark or other proprietary rights of the Company or third parties.  You may use the Listing solely in connection with the Services.  Any transaction resulting from the Listing or any dealings between you and any user arising in connection with the Services or Listing are solely between you and such user or other third party.  You agree and acknowledge that the Company is not a dealer, broker or auctioneer.  You are solely responsible for all purchase and sale transactions involving any Items.  

4.                  Third Party Websites.  As you use the Services, you may encounter windows and links that take you to web pages or websites of other companies to make their products and services available to you or to enable you to communicate directly with those companies.  Your use of such web pages or websites, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such web page or website.  The Company does not endorse, and takes no responsibility for such products, services, websites, and materials.  The Company is not responsible for and has no liability for the privacy or other practices of any such third party.  The Company recommends that you review the privacy policies of each website you visit.

 

5.                  Fees.  Use of the Services will require payment of fees in accordance with the terms set forth on the Site, including all applicable sales, service, use and excise taxes imposed by any federal, state or local government (the “Fees”).  The Company reserves the right to change the Fees upon thirty (30)

days’ notice by posting on the Site.  ALL FEES PAID TO THE COMPANY ARE NON-

REFUNDABLE.  All fees must be paid by authorized credit card (your “Card”).  The Company uses a third party credit card processor to process the fees owed by you.  You agree that the credit card processor, and not us, will be responsible for any errors by the credit card processor in processing fees.  You agree to place your Card on file and hereby authorize your Card to be charged for all amounts owed to the Company with respect to the Services, including but not limited to any Listing.  You agree that your Card can continue to be charged for any fees incurred on your account unless and until you notify the Company otherwise.  Your Card will be billed at the time you submit your Listing; your Listing will not be posted if your Card is not authorized.  The Company may obtain pre-approval from the issuer of your Card for an amount up to the amount of the fees.  When you provide your Card information, you represent and warrant that you are permitted to use the Card.  You are required to keep your Card information current.  If you have any question about a charge on your Card, provide written notice to the Company.  You agree that you will not exercise and unconditionally waive any chargeback rights you may have by use of your Card.  If you deliberately or inadvertently issue a chargeback to your credit card, your account will be terminated and you agree to pay the Company’s standard processing and collection fee. 

 

6.                  Additional Seller’s Obligations.  By posting a Listing, you agree to sell the Item on the terms in the Listing and in accordance with this Agreement.  If you submit any Listing you agree and represent (a) that you are the sole owner of the Listing and offered Item; (b) that submission, publication, distribution or use of the Listing by the Company will not infringe any rights of any third party, and (c) that you are and will be solely responsible for any damages resulting from such Listing or any transaction.  You acknowledge that the Company has no control over and does not guarantee the ability of buyers to pay for items; or that a buyer will actually complete a transaction.  By submitting a Listing, you grant the Company a non-exclusive, royalty-free, sublicenseable worldwide license to the Listing to copy, distribute, transmit, display, reproduce, edit, store, market and incorporate the Listing, in whole or in part, in the Services, including but not limited to the right to grant sublicenses to the Listing.  You further grant the Company a limited license to identify you as a provider of the Listing on the Site.  

 

7.                  Additional Buyer’s Obligations.   You acknowledge that the Company has no control over and does not guarantee the existence, quality, safety or legality of Items in a Listing; the truth or accuracy of users’ Listings; the ability of sellers to sell item or that seller will actually complete a transaction.  You further acknowledge that the sale and transfer of an Item may not comply with applicable statutes, regulations or other legal requirements of a government authority or regulatory entity regarding the sale and/or transfer of any Item (“Applicable Laws”).  You are responsible for reading the full Listing before making a commitment to buy.  You are solely responsible for use of and reliance on a

Listing.  You represent and warrant that you are buying Items only for your own account and not for the benefit of any third party.

8.                  Compliance with Laws.  If you sell or purchase firearms on the Services, you agree to comply with all Applicable Laws, including but not limited to the National Firearms Act of 1934 and applicable export or import controls and reporting, collection, withholding and payment of all taxes and duties.  You further agree that firearms (as defined in the Gun Control Act of 1968, 18 U.S.C. §§ 101 et seq.) must be shipped only to a Federal Firearms License (FFL) holder.  Buyer must transmit a copy of his/her (or his/her transfer dealer’s) license to the seller before the Item can be shipped.  Buyer must make arrangements with a transfer dealer before making a purchase.  Items may not be sold or shipped contrary to state and local Applicable Laws.  By using the Services, you represent and warrant that you are familiar with the U.S. statutes and regulations governing export controls, sanctions and embargoes, and you additionally agree that: (i) you are not a national of or located in any country embargoed by the United States, and (ii) you are not on the Excluded Parties List System, the Specially Designated Nationals List, or the Denied Persons List, (iii) you are not listed on any other lists maintained by the U.S. federal government which prohibits or restricts participating in commercial or other transactions, (iv) you are not a convicted felon; and (v) you are not using or accessing the Services on behalf of any party in the foregoing categories.

 

9.                  Content.   Information, software, text, photographs, graphics, links and other material (collectively, the "Content") provided on the Site are protected by copyright, trademark or other proprietary rights of the Company or third parties.  Except as required to use the Services, you may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without obtaining permission of the copyright owner, except as expressly permitted in this Agreement or permitted under copyright law.  Access to and use of the Services does not authorize you to use any name, logo or mark in any manner.  You may not use meta tags or other hidden text utilizing the Company’s name or trademarks without the express prior written consent of the Company.

 

10.              Use of the Site.  You are prohibited from violating or attempting to violate the security of the Services, or otherwise abusing the Services.  The framing, mirroring, scraping or data-mining of the Site or any of its content in any form and by any method is strictly prohibited. You may not access the Site or Services through spiders, robots or any other software programs or electronic means that perform multiple, automated, successive queries. You may not use any collaborative browsing or display technologies in connection with your use of the Site  You agree not to use the Services for any illegal purpose, in violation of any law or regulation, or in any manner inconsistent with this Agreement.  You agree not to input, distribute, upload, post, transmit or otherwise make available any content or data through the Services that: (i) is confidential, (ii) is unlawful, improper, abusive, harassing, libelous, defamatory, obscene, pornographic, threatening or otherwise objectionable; (iii) you are not authorized or have the right to make available; (iv) violates the rights of others, such as content that infringes any patent, trademark, trade secret, copyright, other proprietary rights or violates any right of privacy or publicity; (v) violates the property rights of others, (vi) offends the community standards of users of the Services, (vii) contains software viruses or any other computer code, files or programs designed to work around any technical limitations in the Services or perform or that would interfere with the proper working of the Services, or (viii) otherwise violates any applicable law.  Violations of this Section may result in civil or criminal liability. 

 

12.              Submissions. All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered by you related to or through the Services or the Site shall be owned by the Company’s and by such disclosure, submittal or offer you assign all rights therein to the Company.  .

 

13.              Copyright Infringement.  If you believe that your work has been copied and used in the

Services in a way that constitutes copyright infringement, please provide the Company’s designated Copyright Agent with the following information:

1.   an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2.   a description of the copyrighted work that you claim has been infringed;

3.   a description of where the material that you claim is infringing is located on the Site;

4.   your address, telephone number, and email address;

5.   a statement by you that you have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law;

6.   a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.

The Company’s Copyright Agent for Notice of claims of copyright infringement can be reached at: 

Copyright Agent Address:

Telephone:

Facsimile: Email:

Only notices under that Digital Millennium Copyright Act (17 U.S.C. § 512, et seq.) should be submitted to the Copyright Agent.  The Company cannot take any action with respect to any take down request unless the notice includes all of the information requested.

14.              DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.  BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. 

 

THE SERVICES ARE PROVIDED TO YOU “AS IS, AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.  THE COMPANY DOES NOT WARRANT AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, LISTINGS, CONTENT OR ANY OTHER INFORMATION AVAILABLE THROUGH THE SITE.  NOR DOES THE COMPANY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE

COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE

USE OR THE RESULTS OF THE USE OF THE SERVICES OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.  

 

15.              LIMITATION OF LIABILITY. IF YOU BECOME DISSATISFIED WITH THE SERVICES, OR THE TERMS GOVERNING THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.  THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THIS AGREEMENT AND THE SERVICES WOULD NOT BE PROVIDED AT THIS RATE WITHOUT SUCH LIMITATION.

 

IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES OR FOR ANY LOST PROFITS OR REVENUES OR LOST DATA, HOWEVER CAUSED, ARISING FROM OR RELATED TO THE SERVICES, CONTENT, LISTINGS, OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED OR IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE.  IN NO EVENT SHALL THE COMPANY’S, OR ITS DIRECTORS’, OFFICERS’, EMPLOYEES’ AND AGENTS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY, IF ANY, FOR ACCESSING OR USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  IN SUCH STATES, THE LIABILITY OF THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXCEED $100.  YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES WOULD NOT BE PROVIDED WITHOUT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT AND THAT THE DISCLAIMERS AND LIMITATION AND REMEDIES ARE REASONABLE.

16.              Release.  You hereby release the Company, and its directors, officers, employees and agents from claims and all liabilities of every kind, known and unknown, arising from disputes between you and other users, sellers, buyers or other third parties arising from or related to the Services or any Items.  By entering into this Agreement, you hereby waive any statutory or other type of protections that would otherwise limit this release to covering only known or suspected claims at the time of this release. 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.”

 

17.              Indemnification.  You agree to indemnify, defend and hold the Company and its directors, officers, employees and agents harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), for any third party claim arising out of, based upon or resulting from (i) use of the Services, (ii) breach of this Agreement, (iii) a dispute with another user, buyer or seller; (iv) violation of any applicable law, or (v) the infringement of the rights of any third party.  The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the Company’s prior written consent. 

 

18.              General Terms.  This Agreement, all intellectual property issues, and your rights and obligations are governed by the laws of the United States of America and the State of Missouri, without regarding conflicts of law provisions. You agree that any action to enforce these terms and conditions or in any manner related to the Company will be brought exclusively in the federal or state courts located in Missouri and you agree to submit to the jurisdiction of such courts. The prevailing party in any litigation shall be entitled to recover from the other party its reasonable attorneys’ fees (as determined by a court and not a jury) and related costs and expenses incurred as a result of the litigation in addition to such other relief as may be granted.  If you are accessing the Site from a physical location outside of the United States with laws or regulations governing personal data collection, use, and disclosure that are different from United States laws, you agree that by accessing the Site, you are transferring your personal information to the United States and you consent to the application of the laws of the United States and the State of Missouri with respect to use of the Site and the Services and any dispute related thereto.

This Agreement constitutes the entire agreement between you and the Company with respect to the Services or use of the Site, and supersedes all previous written or oral agreements with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Site, the terms will be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions will control. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties.  The failure by either party to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision.  This Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the respective parties hereto.  Except as otherwise provided in this Agreement, all notices to the Company shall be sent by email to info@machineguncentral.com.  Any notices sent by the Company to you shall be sent to the email address or street address listed in your account  information.  Notice shall be deemed given twenty-four (24) hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or three (3) days after the date of mailing.