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Terms and Conditions of Use

This agreement describes the terms and conditions applicable to your use of services provided by ShootersXchange.com or any affiliated web sites or services of ShootersXchange.com.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy & Security Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may register and use the venue ShootersXchange.com. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and web sites referred to in this document, as they may contain further terms and conditions that apply to you as a ShootersXchange.com user.  Please note: underlined words and phrases are links to these pages and web sites.

Eligibility
Our services are available only to individuals who can legally purchase firearms and form legally binding contracts under applicable law.  Our services are not available to minors, convicted felons, or anyone else prevented by law or court order from purchasing firearms, ammunition or shooting accessories or to any individual or individuals who has been banned from using ShootersXchange.com by ShootersXchange.com management.

ShootersXchange.com is a venue.
ShootersXchange.com is a venue that allows users to find and buy items from other users of the site.  While we provide the means to do so, we are not involved in the actual transaction between buyers and sellers.

Warranties
Because we are a venue, ShootersXchange.com makes no guarantee that any seller or ad on our system is legitimate. It is the buyer's responsibility to verify that the seller and item actually exist and that the item will be sent.  Our site acts as a venue to allow anyone to offer, sell, and buy firearms and shooting related items and accessories.  We are not involved in the actual transaction between buyers and sellers.   As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.

Non-US Buyer/Sellers
Buyers and sellers from countries other than the United States of America are welcome on ShootersXchange.com.  Applicable laws and regulations of the countries of residence of both buyer and seller must be followed for the purchase and transfer of firearms and other items. Non-US sellers are allowed to list items on ShootersXchange.com.  Applicable laws of the countries of residence of both buyer and seller must be followed and non-us sellers must disclose their county of residence and, if different, the country in which the item is located in the description portion of the listing.  In addition to abiding by all US federal, state and local laws governing the sale and purchase of firearms, U.S. Customs regulations apply to the importation and exportation of firearms . Failure to file the proper paperwork before shipping the item will result in the firearm being confiscated by U.S. Customs.  Those residing in countries with which the United States Government has current trade embargos are forbidden to use this site.   Buyers and sellers are forbidden to do business through ShootersXchange.com with anyone from or residing in those countries.  If you buy or sell internationally, it is YOUR responsibility to stay current with international firearms laws and embargoed countries.  Remember, YOU are responsible for obeying the law.

Registration
Sellers must register to use ShootersXchange.com.   Upon registration, you will choose a user ID and a password.  You are responsible for maintaining the confidentiality of your user ID and password and for any action or activities taken under your user ID and password.  You must immediately notify ShootersXchange.com of any unauthorized use of your user ID.  Contact methods are described on our Contact Us page. Members agree to provide true and accurate information about him/herself in the registration form.  This is a legal and binding agreement and failure to provide accurate information is fraud.  Selling firearms is serious business and fraudulent users will be prosecuted to the fullest extent of the law.  Currently, both the FBI and the US Secret Service are responsible for investigating Internet fraud cases and the BATF and other Federal, State and Local agencies investigate fraud related to firearms transactions.

Listing Items for Sale
By listing items for sale on this site you represent to us that you have a legal right to sell the items you list and that your items do not infringe on the intellectual property of any third party.  Descriptions of items must be truthful and accurate.

The sale of your item(s) advertised on this site: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (f) shall not contain any viruses, Trojan horses, worms, other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Listing Content
Listings must offer a specific product or service at a specific price.  Any listing deemed to be general advertising instead of an offering of a specific item for sale will be removed.

ShootersXchange.com is not responsible for user-generated content including ad listings, pictures, etc.  You are solely responsible for any information you post our use on this site, and we act as a passive conduit for your online distribution and publication of this information. If you post information that is slanderous, violates any international, federal, state, or local law, or violates the intellectual property of another party you will be solely liable for the consequences. We may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

We reserve the right to edit or remove listings as deemed necessary by us.  Listings may be moved to a different category if deemed inappropriate for the listed category, so put your listing in the most appropriate category.  We reserve the right to remove any listing deemed inappropriate or in violation of the letter or spirit of our rules.

Illegal Items
By registering as a member of and using this site you agree that all transactions do not violate any applicable local, state, federal and/or international laws.

You may not post on our site or sell through our site any: (a) item that, by paying to us the applicable fees for using the services of the site, could cause us to violate any applicable law, statute, ordinance or regulation.  You may not post an item that is illegal to sell or possess, instructions/kits/plans/parts designed to illegally convert firearms to full-auto fire, instructions / kits / plans / parts designed to illegally build silencers, or instructions on how to build bombs or explosives.  

Intellectual Property
All users of ShootersXchange.com are required to comply with US copyright laws.  You agree to refrain from posting or transmitting any materials that infringe on any person or entity's intellectual property, including copyright, patent, trademark or any other proprietary rights or interest.  See the U.S. Copyright Office  web site and the Digital Millennium Copyright Act (DMCA) which governs copyright use through online services. 

System Abuse / Termination

ShootersXchange.com reserves the right to refuse service to anyone and will exercise that right at our discretion.  We reserve the right to terminate your account as well as any future service to you if you fail to conform to this User Agreement or other rules of this site, or are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with or outside of our site.  You agree to be liable for and to pay for any costs incurred by this site for your misuse of the site or for your violation of any of the site's rules or any laws, rules or regulations of any local, state or federal agency.

Abusiveness or use of profanity directed toward this site or its personnel will result in immediate termination of the User's account, will result in a notation appearing on the User's feedback and could result in legal action being taken against you.

Payments of Fees
Any and all payments made to ShootersXchange.com are non-refundable. 

By using a credit card to pay us you agree to unconditionally waive any and all chargeback rights. If you have a question about a charge on your credit card you agree to contact us as described on our Contact Us page. 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 to cover our costs for processing the chargeback for each and every chargeback initiated. Failure to pay these fees will result in your account being turned over to a collection agency and we will pursue civil and criminal legal actions to the fullest extent of the law.

Past due accounts will be terminated and the seller's listings removed from the site.  Promotional offers, including free or discounted listings, will be void if your account is more than 30 days past due.  Accounts that are or have been past due will have their credit limit reduced to zero. Past due balances will be subject to a finance charge of 1.5% per month or the highest amount permitted by applicable law; whichever is lower. If your account is past due you agree to pay any and all collection costs including but not limited to court costs, attorney's fees, collection agency fees, and administrative costs.

Returned checks are subject to a $25.00 returned check fee.  The writing of bad checks will be prosecuted.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time.

We do not accept payment in any form for any item(s) that are sold.  Buyers must remit payment directly to the seller for any item purchased. 

Scheduled Maintenance / System Downtime
System maintenance will be scheduled periodically and may or may not cause system downtime.

Amendments / Discontinuation of Service
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site.  This Agreement may not be otherwise amended except in a writing signed by you and ShootersXchange.com.  ShootersXchange.com reserves the right to modify or discontinue the service offered by this web site with or without notice to users.  ShootersXchange.com shall not be liable to users or any third party should we exercise our right to modify or discontinue service.

Laws
These Terms of Service shall be governed by and construed in accordance with the laws of the state of Georgia. Users of this Site agree to submit to the exclusive jurisdiction of the courts of the state of Georgia.  If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This Site's failure to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by an Officer of ShootersXchange.com in writing. Users and this Site agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in these Terms of Service are solely used for the convenience of parties that have no legal or contractual significance.
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