1. Using This Website
a. You may use our Products only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws. When you create your account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is prohibited.
b. You understand that GUN DISTRICT DOES NOT become involved in any transactions between parties and does not certify, investigate, or in any way guarantee the legal capacity of any party to transact.
c. You agree to not use Gun District for any illegal purpose.
d. If you have concerns or if you are at all unsure about firearm sales or transfers, you will contact the Bureau of Alcohol, Tobacco, Firearms, and Explosive at 1-800-ATF-GUNS and visit the ATF website at http://www.atf.gov.
e. You take responsibility for your actions using GunDistrict.com and you also take responsibility for any and all of your actions related to, or resulting from, your use of GunDistrict.com.
f. Any violation of these terms, Gun District may permanently remove your account from the site or, depending on the nature and severity of the violation, avail itself of such remedies as are prescribed by law. While Gun District BELIEVES AND SUPPORTS "the right of the people to keep and bear Arms," Gun District will comply with federal, state, municipal, and tribal law enforcement entities pursuant to the Constitution of the United States and Due Process of Law.
2. Your Content
a. Posting content
We allow you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post.
b. How other users can use your content
You grant other users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute your User Content on this site solely for the purposes of operating, developing, providing, and using the Products. Nothing in these Terms shall restrict other legal rights we may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from this site, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, our users may retain and continue to use, store, display, reproduce, re-share, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through this site.
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make this website more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.
We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
We may terminate or suspend this license or account at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
THIS WEBSITE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
This Website takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and we agree otherwise, the arbitration will be conducted in the country where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that we will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
8. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Louisiana, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Lake Charles, Louisiana, for any actions not subject to Section 10 (Arbitration).
Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
9. Trademark Violations
A trademark violation occurs when another uses “a company or business name, logo or other trademark-protected materials in a manner that may mislead or confuse others with regard to its brand or business affiliation.” However, using another’s trademark in a way that has nothing to do with the product or service for which the trademark was granted is not considered a trademark violation.
GUN DISTRICT reserves the right to assign or re-assign a registered URL or Username to companies with a valid trademark. If you believe there has been a violation of your trademark, you can email email@example.com to start the claim process.
10. General Terms
Notification Procedures and changes to these Terms. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the website and related services.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
GunDistrict.com is a Division of Legally Armed America, Inc.