Terms of Service
This document contains the terms and conditions which govern this site, and those sites linked to it in its entirety (collectively, the "Sites").
2. On-line Services and Disclaimer of Warranty. The CenterfireGuns web site provides on-line resources including, but not limited to, on-line processes for purchases of firearms and ammunition. Any new services, resources or informational content added to the web site shall fall under the terms of this TOS Agreement. The on-line resources, goods offered, informational content, and software on this web site are provided "AS IS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY FIREARM OR AMMUNITION, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. CenterfireGuns assumes no responsibility for any data loss or other loss suffered by any User of this website. User is fully responsible for maintaining its computer equipment and Internet access to use the CenterfireGuns website.
4. User account. Users will select a username and password during the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify CenterfireGuns at [email protected] should User know, or have reasonable grounds to suspect, that the username and password have been compromised. CenterfireGuns shall not be responsible for User's failure to abide by this Paragraph.
5. Informational content supplied by Users. User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the CenterfireGuns web site, or privately transmitted through the CenterfireGuns web site, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the CenterfireGuns web site. CenterfireGuns does not and cannot control the informational content Users transmit through the CenterfireGuns web site. Under no circumstances shall CenterfireGuns be held liable for User's exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall CenterfireGuns be held liable for any errors or omissions in any informational content transmitted by Users or any third parties.
6. User conduct. User agrees to not use the CenterfireGuns web site to:
(a) upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
(b) harm legal minors;
(c) collect personal information on, "cyberstalk" or harass another User, or engage in conduct that negatively affects the on-line experience of another User;
(d) impersonate another User, person, officer, licensed person or entity, including any official or employee of CenterfireGuns;
(e) intentionally or unintentionally violate any local, state, or federal law, including without limit violations of the Copyright Act;
(f) upload, post or transmit any software or files that contain software viruses or other harmful computer code;
(g) interfere with the operation of CenterfireGuns' web servers or other computers or Internet or network connections;
(h) upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
(i) upload, post or transmit and unsolicited or unauthorized advertising, including "spam" or "junk mail." CenterfireGuns does not pre-screen uploaded, posted or transmitted content, and CenterfireGuns reserves the right to inspect, edit and delete any content that CenterfireGuns knows, or has reason to know, has violated this TOS Agreement. CenterfireGuns reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS Agreement. CenterfireGuns may disclose any informational content Users post, upload or transmit to the CenterfireGuns web site, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of CenterfireGuns, the public, or other Users.
7. Content submitted by Users. CenterfireGuns does not claim ownership of any informational content submitted by Users or Buyers to the CenterfireGuns web site. User grants CenterfireGuns a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the CenterfireGuns web site. This license exists only so long as User allows its content to remain on the CenterfireGuns web site and will terminate in the event that User removes such content. Information delivered to the Sites (whether via posting, electronic mail, or otherwise) should not be considered by you to be confidential, and CenterfireGuns shall not be responsible to keep such information confidential, and CenterfireGuns shall not be liable for any use or disclosure thereof. All such information is, and shall remain, the sole and exclusive property of CenterfireGuns and may be used by CenterfireGuns for any purpose whatsoever, commercial or otherwise, without compensation. CenterfireGuns welcomes your comments on our offered products, but CenterfireGuns is not seeking any unsolicited ideas, suggestions, or materials relating to the development, design, manufacture or marketing of the products we sell.
8. Indemnity. You agree to indemnify and hold CenterfireGuns, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content or products you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. No resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the CenterfireGuns web site.
10. Limits and modifications. CenterfireGuns may establish without notice limits on the use of its web site, including the maximum number of times Users may post to or participate in the on-line features of the site or the number of times Users may access the CenterfireGuns web site. CenterfireGuns reserves the right to modify any and all portions of the CenterfireGuns web site without notice. Under no circumstances shall CenterfireGuns be liable to User or any other party for such limits or modifications.
11. Termination of User account. CenterfireGuns may, at its sole discretion, terminate the User's account for any reason. Under no circumstances shall CenterfireGuns be liable to User or any other party for such termination of User's account.
12. Third party advertisers. CenterfireGuns may allow third party advertisers to advertise on the CenterfireGuns web site. CenterfireGuns takes no responsibility for User's dealings with, including any on-line or other purchases from, any third party advertisers. CenterfireGuns shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
13. Hyperlink policy. The CenterfireGuns site contains hyperlinks to other Internet sites not under the editorial control of CenterfireGuns These hyperlinks are not express or implied endorsements or approvals by CenterfireGuns, of any products, services or information available from these sites.
14. CenterfireGuns’ intellectual property rights. User agrees not to distribute, license, or create derivative works from any of CenterfireGuns’ copyrighted or trademarked material, including graphic files and software, available on the CenterfireGuns web site.
15. No warranties. THE INFORMATION, SERVICES AND DOWNLOADABLE SOFTWARE PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT, EVEN IF ARISING FROM COURSE OF DEALING OR INDUSTRY CUSTOM. NOT ALL PRODUCTS SHOWN ARE AVAILABLE FOR IMMEDIATE DELIVERY. PRICES SUBJECT TO CHANGE WITHOUT NOTICE. WE RESERVE THE RIGHT TO REFUSE ANY ORDER INCLUDING BUT NOT LIMITED TO ORDERS FOR ITEMS WITH ERRORS IN THE DESCRIPTION OR PRICE. IMAGES, PHOTOGRAPHS, DESCRIPTIONS, ETC. MAY NOT NECESSARILY REPRESENT THE ACTUAL GOODS, IN QUALITY, COLOR OR ANY OTHER RESPECT.
16. Limitation of liability. CENTERFIREGUNS' MAXIMUM LIABILITY FOR ANY DAMAGES CAUSED TO YOU FOR ANY REASON RELATING DIRECTLY OR INDIRECTLY TO YOUR USE OF THE SITE, INCLUDING NEGLIGENCE, BUT EXCLUDING GROSS NEGLIGENCE OR INTENTIONAL HARM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US FOR THE USE OF THE SITE (IF ANY) OR $100, WHICHEVER IS LOWER. CENTERFIREGUNS IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
17. Notice/Trade Name. Notices may be posted to the CenterfireGuns web site or e-mailed to Users using the e-mail address Users submitted during the registration process.
18. General. This TOS Agreement constitutes the entire agreement between you and CenterfireGuns and governs your use of the CenterfireGuns web site, unless you have entered into a separate signed agreement with us, in which case the contents of such agreement, where in direct conflict with those in this TOS, shall govern and apply instead. This TOS Agreement shall be governed by the laws of the State of Colorado. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of Denver in the State of Colorado. The failure of CenterfireGuns to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within six (6) months after such claim or cause of action arose or be forever barred.
19. Sources and Items Available. Available services, supplies, equipment and products are subject to change. CenterfireGuns and its suppliers and Buyers reserve the right to add, replace, or withdraw items at ours and their discretion. CenterfireGuns also reserves the right to correct, modify or cancel orders that were placed with incorrect product information or pricing.
21. You agree to comply with and assist CenterfireGuns to the fullest extent possible in CenterfireGuns ’s efforts to comply with Anti-Terrorism Laws (as defined below). As a result, You certify, represent, and warrant that: (i) none of Your property or interests is subject to being “blocked” under any of the Anti-Terrorism Laws and that You are not otherwise in violation of any of the Anti-Terrorism Laws; (ii) none of them is listed in the Annex to Executive Order 13224 (which can be accessed at http://www.treasury.gov/offices/enforcementJofac/sanctions /terrorism.html); (iii) You will refrain from hiring (or, if already employed, retain the employment of) any individual who is listed in the Annex; (iv) You have no knowledge or information that, if generally known, would result in You, your partners, agents, predecessors in interest, employees, or anyone associated with You being listed in the Annex to Executive Order 13224; (v) You are solely responsible for ascertaining what actions You must take to comply with the Anti-Terrorism Laws, and You specifically acknowledge and agree that Your indemnification responsibilities set forth in this Agreement pertain to Your obligations under this Section; (vi) any misrepresentation under this Section or any violation of the Anti-Terrorism Laws by You, Your partners, agents, predecessors in interest, employees, or anyone associated with You, shall constitute grounds for immediate termination of this Agreement and any other agreement You have entered into with CenterfireGuns or any of CenterfireGuns ’s affiliates. For purposes of this Agreement, “Anti-Terrorism Laws” means Executive Order 13224 issued by the President of the United States, the Terrorism Sanctions Regulations and other regulations found at 31 CFR 515, 595, 597 and any laws which now pertain or which may in the future pertain to the matters of this nature.
22. You agree that any purchase you make through the Website shall entail entering into a further Online Firearms Purchase Agreement, or similar contract with CenterfireGuns, and that such Agreement(s) shall thereafter further govern your use of the Website, in addition to these Terms of Service. In the event of conflicting terms between the two, the Online Firearms Purchase Agreement shall govern and control.
Effective September 27, 2010