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TERMS AND CONDITIONS

Gunloaded

Terms of Use

Revised October 16, 2024

These Terms of Use apply to all users of the Gunloaded.com Site. Before using this site, you (“User” or “Member”) must agree that by using www.gunloaded.com (or other sites under this agreement, collectively referred to as the “Site”), you agree to the following terms regarding your use of the Site and the services offered on the Site. By using the Gunloaded.com Site, you acknowledge your assent to these Terms of Use, affirm that you are of legal age to enter into this agreement, and you accept and are legally bound by these Terms of Use.

You may not use the Gunloaded.com Site if you (a) do not agree to and comply with these Terms of Use, or (b) are prohibited from accessing or using the Gunloaded.com Site or any of the Gunloaded.com Site’s contents, goods or services by applicable Law (as defined below). If you enter or use this site, the terms herein become binding on you whether or not you have read them.

 

By clicking “Accept,” (“I agree”), I electronically represent (“sign”) that I agree to each, and every enumerated term above and further certify that I have read, and completely agree, to be legally bound by the Gunloaded Terms of Use.  

We reserve the right to modify or terminate these Terms of Use, or modify the services we provide, at any time. As a user, you are solely responsible for reading the most current version of the terms and conditions.

User Registration Users. Before using this site, you must become a Registered User. By registering for an account or using the Site, you affirm that you are at least 18 years of age or over the age of legal majority in your state or country of residence, whichever is greater. You must provide true and accurate User Information about yourself in the registration form. It is your responsibility to keep this information up to date. If you register on behalf of a Company, you represent to Gunloaded.com that you have sufficient legal authority to form binding contracts under Applicable Law on behalf of your Company, each time that you use the Site.

Registered Users are entering into a Subscription Agreement (“Agreement”) with Gunloaded LLC (“Company,” “Gunloaded,” “Gunloaded.com,” “we,” “us” or “our”). The Agreement begins at the time your Registration is effective. A non-refundable subscription fee is required at the time of User Registration. Subscriptions are automatically renewed annually on the anniversary of the Effective Date unless this Agreement is canceled or terminated in accordance with the Terms of Use. You may cancel your subscription at any time by calling (866) 357-GUNS or by emailing us at membership@gunloaded.com with the subject line “CANCEL.” If you wish to cancel your subscription you must do so at least five (5) full business days prior to your renewal date to avoid being charged.

User REGISTRATION AND SUBSCRIPTION fees are non-refundable and non-transferable. FEES ARE NOT ELIGIBLE FOR ANY PRORATION OR CREDIT, EVEN IF ACCESS TO THE SITE IS CANCELED OR TERMINATED EARLY.

You agree that you will not allow others to use your account, nor will you use your account or the Site on an outsourcing basis or on behalf of third parties. You also agree not to seek to use the Site if you are temporarily or permanently suspended from using the Site. You agree that you are responsible for maintaining the confidentiality of your User ID and password and that you will not share that information with others, you must notify us immediately if you become aware of any unauthorized use of your User ID and password or any other breach of security relating to your User ID and password and the Site.

 

Changes to Agreement. We reserve the right, in our sole discretion, to amend and supplement this Agreement (including the Privacy Policy and any other document incorporated herein). If we make material changes to this Agreement, we will notify you by providing notice in our communications or on this site, and by posting the revised terms on our Site, or as otherwise permitted by law. Your continued use of the Site and/or Services after such changes are posted will constitute your agreement to such amended Agreement.

 

Gunloaded.com Online Marketplace.  Gunloaded.com has developed and operates an online marketplace at the Gunloaded.com Site for the sale of Guns (as defined below), ammunition, optics, magazines and certain other products and accessories (collectively, “Products”) to Buyers where legally permissible in the United States of America, but excluding U.S. territories, which operates in part with the use of a network of authorized FFL Dealers (as defined below) who are licensed to transfer Guns and have agreed with Gunloaded.com, among other things, to list and make their inventory available for sale through the Gunloaded.com Site. Each such FFL Dealer who participates as a member of the Gunloaded.com network of authorized dealers is referred to in these Terms of Use as a “Dealer”. Each Dealers’ participation in the network of dealers authorized by Gunloaded.com is subject to the terms and conditions of Gunloaded.com’s Terms of Use. In order for a gun to be transferred to a Buyer, the transfer must be completed by a firearms dealer who holds a valid Federal Firearms License (an “FFL Dealer”) and the transfer must be affected in accordance with all applicable Laws.  The term “Buyer” as used herein means any natural person who both accesses and uses the Gunloaded.com Site and is a potential or actual purchaser of a Product from the Gunloaded.com Site. The term “Gun” means a firearm as defined in 18 United States Code Section 921(a).

 

Purchase and Sale of Products. You agree that any order you place on the Gunloaded online marketplace is an offer to buy all Products listed in your order, subject to these Terms of Use. All orders are subject to acceptance by Gunloaded and Gunloaded is under no obligation to accept any order or otherwise sell the Products to you. Gunloaded may choose, at its sole discretion, not to accept orders, even after we send you a confirmation email with your order number and details of the items you have ordered. NO SALE OF A GUN IS COMPLETE UNTIL THE GUN HAS BEEN TRANSFERRED BY AN FFL DEALER TO THE PURCHASER IN ACCORDANCE WITH APPLICABLE LAW AND ALL APPLICABLE REQUIREMENTS OF THESE TERMS OF USE HAVE BEEN SATISFIED.

 

Gunloaded will use commercially reasonable efforts to verify the availability of requested Products in a timely manner. Gunloaded tries to maintain an accurate listing of inventory available but is ultimately dependent upon its network of Dealers to provide accurate inventory availability information.

Buyers are responsible for reading the complete Product description prior to placing an order, especially regarding the condition of used Guns. Gunloaded attempts to ensure Product descriptions and prices are as accurate as possible. However, it is the Dealer’s responsibility to provide accurate descriptions, specifications, pricing, images, and inventory status for all Dealer’s used Products listed on the Gunloaded online marketplace, and Gunloaded does not warrant that any Product description or other content is accurate, complete, reliable, current or error free.

Not all Products are available in all areas due to federal, state, or local Laws. Gunloaded and its Dealers reserve the right to limit Product quantities. For new Products many of our pictures are stock photos provided to us by the manufacturer and do not necessarily represent the actual item being purchased. Please verify the Product by the title and description in the listing and don’t rely on the photos alone.

Your purchase and receipt of all Products is subject to compliance with all federal, state and local laws, statutes, ordinances, rules and regulations (“Laws”). By proceeding with the purchase of any Products offered on the Gunloaded online marketplace, the Buyer certifies: (i) the Buyer has reviewed all applicable Laws related to the use, possession, purchase and/or ownership of the Products; (ii) the Buyer is legally permitted to use, possess, purchase and/or own the Products; and (iii) the Buyer does not intend to transfer any Products in violation of any applicable Laws. BUYER IS RESPONSIBLE FOR COMPLYNG WITH ALL LAWS APPLICABLE TO THE ORDER, SHIPMENT, DELIVERY, SALE, TRANSFER, POSSESSION AND USE OF ALL PRODUCTS ORDERED BY BUYER, INCLUDING, WIHTOUT LIMITATION, GUNS, AMMUNITION AND ANY OTHER PRODUCTS RESTRICTED BY LAW.

Gunloaded.com’s Role in the Listing and Sale of Items. Other than in the case of the sale of our own branded or other promotional items or those of our Affiliates on the Site, the following terms apply to Items for sale on the Site:

Only a Venue. The Site is a listing and information service that brings together Buyers and Sellers. Gunloaded.com is not a party to any transaction between Buyers and Sellers that originates on or through the Site. You understand and agree that Information about a particular Item is supplied by the Seller, not by Gunloaded.com, and that Gunloaded.com shall have no liability for any aspect of representations about listed items. You agree and by using this Site you signify your understanding and agreement that the warranties on products and other terms applicable to the sale of any Item are determined solely by the Listing.  By using or transacting business on this or the linked Sites you further indicate your understanding and agreement that the sale price and identity of the auction winner are generated by the automated function of the Site in carrying out the Listing terms input by the Seller and the bidding or buying instructions input by Buyer. You further agree and understand that Gunloaded.com is not a traditional auctioneer and does not act as agent of any Buyer, Seller or other User of the Site; and you further understand and agree that Gunloaded.com does not ever take possession of any goods sold on this site, nor receive any funds related to the transaction, other than the fees set forth herein.

Gunloaded.com Is Not the Seller. You agree and evidence your understanding and acceptance of the following terms by doing business on this Site or any Linked Sites:

  • com is not involved in the actual transaction between Buyers and Sellers;
  • com never takes possession of any Items;
  • com does not participate in negotiation of terms of sale or terms of delivery of items;
  • com does not receive or hold legal ownership or title of Items, does not receive, hold or transfer legal ownership of Items from the Seller to the Buyer.

Nothing in this Agreement is intended to modify the governing provisions of the Uniform Commercial Code § 2-401(2) and § 2-401(2) as implemented in any applicable state, under which legal ownership of an item is transferred upon physical delivery of the Item to the Buyer by the Seller. Unless the Buyer and the Seller agree otherwise, the Buyer will become the Item’s lawful owner upon physical receipt of the item from the Seller (or in the case of Firearms, upon legal Transfer by the applicable FFL).

 

Transfers of Firearms. A Federal Firearms License (FFL) transfer dealer is required for the transfer of firearms ownership between individuals. All shipments and sales of Firearms on the Site must be carried out through the process legal of Transfer of the Firearm to the applicable Buyer through an FFL selected by the Buyer. Buyers should ensure they hold the appropriate FFL before attempting to purchase an item. Accessories such as: holsters, clips, sights, scopes, etc., often are not required to ship to a FFL. Non-firearm items such as: air guns, knives, ammunition, antique guns built before 1899, and some gun parts also do not require transfer by a licensed dealer but may require proof of age before shipping. (Some states now require ammunition to be shipped to a FLL).

 

Disclaimer About Users and Items. You understand and agree by using this Site and the Linked Sites, that responsibility for compliance with Applicable Law in your State for the sale, purchase, transfer and shipment of Items and for conducting due diligence on other Users prior entering transactions rests solely on you as the User of the Site or Linked Sites. Given our limited role as outlined in this Section, you understand and agree that Gunloaded.com disclaims any responsibility or liability for Buyers’, Sellers’ or other users’ representations on this site, including but not limited to the following:

  • Sellers or Buyers (i) misrepresentation of their identity, location or authority to enter into contracts, and (ii) falsely claiming to be of legal age and capacity to enter into contracts;
  • That a Seller placing a Listing for an Item on the Site is able to or will complete the sale of the Item or delivery of the Item to the Buyer, or that a Buyer placing a bid, making an offer, or purchasing an Item is able to or will complete the purchase of an Item from a Seller;
  • That a Seller has truthfully and accurately described an Item placed on the Site in the Item’s applicable Listing, that all claims made for the item are accurate or truthful, or that the item is faithfully represented by Seller’s listing, text or pictures;
  • That an Item listed for sale on the Site (i) exists, (ii) is safe to buy, hold, or use, (iii) is of any particular quality, (iv) is non-infringing with regard to the Intellectual Property rights of any person or entity, (v) is free from liens, encumbrances or contractual claims attributable to Seller, or (vi) that an Item may be sold by the Seller in compliance with Applicable Law.
  • That the offer, possession, sale and/or shipment of an Item complies with any or all Applicable Laws relating to that item in the Buyer’s and Seller’s jurisdictions and personal situations.

 

Prices and Payment Terms.  All prices on the Gunloaded online marketplace are quoted in US currency. All prices, discounts, and promotions posted on the Gunloaded online marketplace are subject to change without notice. The price charged for a Product or service will be the price in effect at the time the order is placed and will be set out in the Buyer’s order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling.

We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Information regarding Products posted on the Gunloaded.com Site is not an offer, but an invitation from customers to make an offer.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept the methods of payment identified during the checkout process on the Gunloaded online marketplace. Each Buyer represents and warrants that (i) the credit card or other payment information he or she supplies to us is true, correct and complete, (ii) such Buyer is duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by such Buyer will be honored by his or her credit card company or payment method processor, and (iv) such Buyer will pay charges incurred by him or her at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Gunloaded online marketplace at the time of the order.

Products will only be delivered to the owner of the credit card, or the account holder of the payment method used to make the purchase without exception.

Sales and Other Taxes. To the fullest extent permitted under Applicable Law, you understand and agree that Gunloaded.com bears no responsibility for the reporting, payment, collection and remittance of any sales/use tax, VAT tax, transaction tax, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through the Site by any jurisdiction having taxing authority over the sale or transaction. Any information made available to Sellers on the Site about sales tax applicability is provided on an “as is” basis, and we do not warrant its accuracy or completeness. You agree and acknowledge that in certain cases, selling on Gunloaded.com may subject you to sales tax reporting or remittance obligations in jurisdictions where your volume of transactions would otherwise subject you to such taxation. You and we agree to cooperate reasonably in any tax-related matters or inquiries by taxing authorities. You agree that you are responsible for, and will indemnify us against, any Losses for any sales/use, VAT or similar transaction tax that is or may be assessed by any jurisdiction with respect to sales of Items to Buyers in the jurisdiction (other than taxes on our fees payable to such jurisdiction). You agree to defend, indemnify and hold us harmless from and against any and all losses that may result from inadequate reporting, payment, collection or remittance by you of any taxes relating to transactions conducted on the Site, except taxes imposed on our fees or income.

Returns and Refunds. Gunloaded recommends the use of Guntab.com for all non-face-to-face transactions. Users should refer to the return and refund policies at Guntab.com for more information. For transactions completed independent of Guntab, returns and refunds will be handled directly by, and according to, the terms agreed upon between buyer and seller. If you have questions about these policies, please contact the selling dealer directly. Gunloaded offers no buyer protection and assumes no liability. See the section on Disclaimers for more information.

Third Party Payment Platforms. For the convenience of its Users, Gunloaded.com has integrated certain third-party payment processes into the Site in its checkout feature for Sellers, including party payment processor gateways (collectively, “Payment Platforms”).  If we, in our sole discretion, allow Sellers to choose a Payment Platform,  we shall not be responsible for the services, terms of use or privacy practices of any such Payment Platforms. Before deciding to use a Payment Platform for a sale or purchase on the Site, you agree to conduct your own review of all such Payment Platforms’ applicable terms of use and other policies.  We shall not be responsible for any claims or disputes you may have regarding payments made to Sellers or the operation of or use of your data by Payment Platforms or Sellers. You agree not to assert any  such claim against Gunloaded.com or its service providers. 

 

Disclaimers. If used improperly, Guns can be dangerous. If you order a Gun through the Gunloaded online marketplace, you agree to follow all manufacturer safety instructions and to use any such Gun in a safe manner, in an approved area, and solely for legal purposes.

Gunloaded does not manufacture any of the Products offered on the Gunloaded online marketplace. The availability of Products or services through the Gunloaded online marketplace does not indicate an affiliation with or endorsement of any Product, service, manufacturer or Dealer. Accordingly, Gunloaded does not provide any warranties with respect to the Products or services offered on the Gunloaded online marketplace. However, some Products offered on the Gunloaded online marketplace are covered by the manufacturer’s warranty as detailed in the Product’s description on the Gunloaded online marketplace and included with the Product. To obtain warranty service for defective Products, please follow the instructions included in the manufacturer’s warranty.

Gunloaded assumes no, and Buyer hereby releases Gunloaded from any, responsibility for Product defects or malfunctions or for physical injury or property damage, whether resulting in whole or in part from criminal or negligent use of a Product, improper or careless handling, unauthorized modifications, use of defective, improper hand-loaded, reloaded or remanufactured ammunition, Buyer abuse or neglect of the Product or other influences beyond Gunloaded’s direct and immediate control, or otherwise.

You affirm that Gunloaded shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer’s failure to honor its warranty obligations to you.

You understand that handling, cleaning or discharging a Gun, ammunition or ammunition components may cause exposure to lead, and you hereby hold Gunloaded harmless from and assume all responsibility and liability for any lead exposure.

GUNLOADED MAKES NO WARRANTIES WITH RESPECT TO THE PRODUCTS OR THE GUNLOADED ONLINE MARKETPLACE, WHICH ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUNLOADED DISCLAIMS ALL WARRANTIES RELATING TO THE PRODUCTS, THE GUNLOADED ONLINE MARKETPLACE OR THE USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY OR NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

Your Representations and Warranties to Gunloaded. You represent and warrant to Gunloaded that: (i) you have the legal power and capacity to enter into these Terms of Use and perform all of your obligations and responsibilities hereunder, including being of the requisite age required by Law to complete any purchase of a Product hereunder, (ii) these Terms of Use constitute a valid and binding agreement, enforceable against you in accordance with their terms, (iii) you will not violate any Laws in connection with your use of the Gunloaded online marketplace or purchase of Products, and (iv) you will not interfere with or disrupt, or attempt to interfere with or disrupt, the Gunloaded online marketplace.

If you are ordering a Gun or other Product restricted by Law, you further represent and warrant that: (i) you are not prohibited by Law from receiving or possessing Guns or any other Product you order that is restricted by Law, (ii) you are the actual transferee/purchaser of the Gun or other restricted Product you order and you are not ordering or acquiring such Gun or restricted Product on behalf of any other person, (iii) you assume all responsibility for the legality of any Gun or other restricted Product you order or receive and (iv) all information and documentation provided by you during the ordering and sale process and at the point of transfer, including, without limitation, all information provided by you on ATF Form 4473 or any other legally required documents or forms, is true, complete and accurate in all respects.

You represent and warrant that you are buying Products or services from the Gunloaded online marketplace for your own personal use or lawful resale only. You further represent and warrant that all purchases are intended for final delivery to permissible locations within the USA. By ordering any Products from the Gunloaded online marketplace, you certify that you, or third parties at your direction, will not sell, transport, ship or transfer outside the borders of the USA or to any “foreign person,” any Products which are export restricted by United States export-control laws and regulations, without proper United States government export authorization, licensing and documentation. It is your responsibility to determine whether any Product is subject to export restrictions. “Foreign person” has the meaning provided in 22 Code of Federal Regulations Section 120.16.

Term and Termination. Term. When you accept these Terms of Use (whether by clicking “I Accept,” by participating as a User of the Gunloaded online marketplace or otherwise indicating your assent to these Terms of Use), you are subject to and will be bound by these Terms of Use until such time as your participation as a User of the Gunloaded online marketplace ends.

Termination. You may terminate your account with Gunloaded at any time from your account settings. Similarly, Gunloaded may suspend or terminate your account and your access to the Gunloaded online marketplace at any time and for any reason, including but not limited to a breach of these terms or violation of any applicable law, without advance notice. You do not have a contractual right to continue using the services offered through the Gunloaded online marketplace.

Survival. These Terms of Use will remain in effect even after your account is terminated or your use of the Gunloaded online marketplace ends.

Indemnification. User will indemnify, defend, and hold Gunloaded and its affiliates and each of their respective owners, managers, directors, officers, employees and agents (collectively, the “Indemnified Parties”) harmless against any and all damages, liabilities, losses, fines, penalties, assessments, judgments awards, costs and expenses (including, without limitation, reasonable attorneys’ fees) suffered or incurred by the Indemnified Parties in connection with any suit, action, claim, investigation or proceeding brought by a third party (including, without limitation, any governmental authority) arising out of or in connection with: (i) User’s failure to comply with applicable Laws, (ii) User’s breach of these Terms of Use, or (iii) the negligence or intentional misconduct of User.

Limitations of Liability. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL GUNLOADED BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS OF USE, THE PRODUCTS, OR THE USE, OR INABILITY TO USE, THE GUNLOADED ONLINE MARKETPLACE, EVEN IF GUNLOADED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUNLOADED’S AGGREGATE CUMULATIVE LIABILITY FOR DAMAGES ARISING IN CONNECTION WITH THE PRODUCTS, THESE TERMS OF USE OR THE GUNLOADED ONLINE MARKETPLACE (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) WILL BE LIMITED TO, AND WILL IN NO EVENT EXCEED, THE AMOUNT PAID BY BUYER TO GUNLOADED IN RESPECT OF THE PARTICULAR PRODUCT IN CONNECTION WITH WHICH THE CLAIM ARISES.

The foregoing exclusions and limitations shall apply regardless of whether any remedy fails of its essential purpose.

Dispute Resolution and Binding Arbitration. YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OF USE OR YOUR USE OF THE GUNLOADED ONLINE MARKETPLACE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the applicable AAA rules then in effect (the “AAA Rules”), except as modified by this Section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

The place of arbitration will be mutually agreed by the parties. The arbitration will be conducted by a single arbitrator chosen by you and Gunloaded or, if you and Gunloaded do not agree on the arbitrator, an arbitrator selected in accordance with the AAA Rules. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. Subject to the terms and conditions of these Terms of Use (including the exclusions, limitations and disclaimers set forth herein), the arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. You and Gunloaded shall bear equally all fees and costs of arbitration, including, without limitation, AAA fees and arbitrator fees. Each party shall be responsible for its own attorneys’ fees and expenses.

 

Miscellaneous. Entire Agreement.  These Terms of Use constitute the entire arrangement and understanding between the you and Gunloaded and supersede all prior agreements, negotiations and discussions relating to the subject matter hereof, whether written or verbal. You acknowledge that you are not relying on any statement or representation or warranty or understanding other than as expressly contained in these Terms of Use at the date hereof or subsequently included within these Terms of Use. 

Amendments. Gunloaded may amend these Terms of Use at any time and for any reason (including, without limitation, to comply with applicable Law) by posting the amended terms to the Gunloaded Site. Our right to amend these Terms of Use includes the right to modify, add to, or remove terms in the Terms of Use. We will provide you advance notice by posting the amended terms. Additionally, we may notify you by email. Your continued access or use of the Gunloaded Site constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the new or updated Terms of Use through an electronic click-through. Except as required by applicable Law, these Terms of Use may not otherwise be amended except through a written mutual agreement by you and Gunloaded.     

Waivers. In no event will any delay, failure or omission of a party in enforcing, exercising or pursuing any right, claim or remedy under these Terms of Use be deemed as a waiver thereof, unless such right, claim or remedy has been expressly waived in writing. 

Notices. Except as otherwise specifically set forth herein, any notices and other communications given or made pursuant to these Terms of Use to you by Gunloaded will be in writing and will be deemed effectively delivered: (i) when posted to the Gunloaded Site, or (ii) when sent by email to the email address you provide. It is your responsibility to keep your email address current. Any notices and other communications given or made pursuant to these Terms of Use to Gunloaded by you will be in writing and will be deemed effectively delivered when sent by overnight courier, or registered or certified mail to Gunloaded LLC, 525 Randall Ave., Ste 100, Cheyenne, WY 82001.   We may update the address by posting a notice on the Gunloaded Site. 

Relationship of the Parties. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Gunloaded has no special relationship with or fiduciary duty to any User.   

Links from the Gunloaded Site. The Gunloaded Site contains links to other sites and resources provided by third parties; these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Gunloaded Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

Objectionable Material.  You understand that by using the Gunloaded Site, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. If you object to any such content, you should cease using the Gunloaded Site. 

Force Majeure.  Gunloaded will have no liability to any User under these Terms of Use to the extent that it is delayed, prevented or hindered in performing any of its obligations under these Terms of Use as a result of any circumstance or occurrence beyond its reasonable control, including, without limitation, acts of God, strikes, blockades, acts of terrorism, riots, storms, earthquakes, explosions, fires, floods, Internet or telecommunications failures/outages/delays, third-party hosting facility failures, denial of service attacks, or other similar occurrences. 

Partial Invalidity.  If any provision of these Terms of Use or the application of it will be declared or deemed void, invalid or unenforceable in whole or in part for any reason, these Terms of Use will be amended in order to give effect to, so far as is possible, the intent of these Terms of Use. If Gunloaded fails to amend these Terms of Use, the provision, which is void, invalid or unenforceable, will be deemed deleted and the remaining provisions of these Terms of Use will continue in full force and effect. 

Governing Law; Venue; Jurisdiction. These Terms of Use will, in all respects, including all matters of construction, validity and performance, be governed by the laws of the State of Wyoming, without regard to any conflicts of law principles which may result in the application of the laws of another jurisdiction.  Any suit, action or proceeding arising in connection with these Terms of Use and that is permitted to be brought outside of arbitration will be brought in the state or federal courts sitting in the State of Wyoming and the parties hereby expressly submit to the jurisdiction of such courts for the purpose of any such suit, action, or proceeding.  Each party hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to these Terms of Use if brought in Wyoming, and hereby further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. 

Assignment.  You may not assign these Terms of Use or your rights and obligations hereunder, either in whole or in part, and whether by operation of law or otherwise, without the prior written consent of Gunloaded. Any attempted assignment or delegation by you in violation of this Section will be null and void and will constitute a material breach of these Terms of Use.

 

Strictly prohibited: We encourage buyers to comply with all laws and regulations regarding the purchase of firearms and related items on Gunloaded.com. Not complying with the law is a breach of the Gunloaded.com User Agreement and may result in the suspension of user privileges or legal action. As a reminder, these actions are prohibited by our User Agreement:

  • Use of the site by underage persons: by placing a bid on this site, you are certifying you are of legal age to purchase the item, and you have a legal right to buy and own the item
  • Use of the site by persons falsely representing themselves
  • Failure to abide by applicable state, federal and local laws
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