Introduction

The following terms and conditions govern all use of the gunbase.com website (the "Website") and all content, services, and products available at or through the website. The Website is owned and operated by Gunbase, LLC. ("Gunbase"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Gunbase's Privacy Policy), and procedures that may be published from time to time on this Site by Gunbase (collectively, the "Agreement").

Acceptance of Terms

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Gunbase, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your Content

You must not describe or assign keywords to your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Gunbase may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Gunbase liability. You must immediately notify Gunbase of any unauthorized uses of your content, your account, or any other breaches of security. Gunbase will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

If you comment on material available by means of the Website (any such material, "Content"), post Content to the Website, post links on the Website, or otherwise make (or allow any third party to make) Content, You are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:

  • The downloading, copying, and use of the Content will not infringe the proprietary rights of any third party
  • If your employer has rights to intellectual property you create, you have received permission from your employer to post or make available the Content
  • You have fully complied with any third-party licenses relating to the Content
  • The Content does not contain any viruses, worms, malware, Trojan horses, or other harmful or destructive content
  • The Content is not spam, machine- or randomly-generated, and does not contain unethical or unwanted commercial content
  • The Content is not pornographic, does not contain threats, incite violence, or violate the privacy or publicity rights of any third party

Rights Granted to Gunbase

By submitting Content to Gunbase, you grant Gunbase a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your content and Gunbase. If you delete Content, Gunbase will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Responsibility of Website Visitors

Gunbase has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material's content, use, or effects. By operating the Website, Gunbase does not represent or imply that it endorses the material there posted. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which gunbase.com links, and that link to gunbase.com. Gunbase does not have any control over those websites and webpages and is not responsible for their contents or their use. By linking to a non-Gunbase website or webpage, Gunbase does not represent or imply that it endorses such website or webpage.

Copyright Infringement and DMCA Policy

As Gunbase asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by gunbase.com violates your copyright, you are encouraged to notify Gunbase in accordance with Gunbase's Digital Millennium Copyright Act ("DMCA") Policy.

Intellectual Property

This Agreement does not transfer from Gunbase to you any Gunbase or third-party intellectual property, and all right, title, and interest in and to such property will remain solely with Gunbase. Gunbase, gunbase.com, the gunbase.com logo, and all other trademarks, service marks, graphics, and logos used in connection with gunbase.com, or the Website are trademarks or registered trademarks of Gunbase or Gunbase's licensors.

Access

Subject to your compliance with these Terms of Service, Gunbase grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of Gunbase. This license does not include any resale or commercial use of any Gunbase services, or its contents; any collection and use of any product listings, descriptions, or prices; any benchmark, product, or user data; any derivative use of Gunbase or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

Changes

Gunbase reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.

Termination

Gunbase may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your gunbase.com account, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

The Website is provided "as is". Gunbase and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

In no event will Gunbase, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Gunbase under this agreement during the twelve (12) month period prior to the cause of action.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Gunbase Privacy Policy, this Agreement, and all applicable laws and regulations and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Gunbase, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Gunbase and you concerning the subject matter hereof and may only be modified by a written amendment signed by an authorized executive of Gunbase, or by the posting by Gunbase of a revised version. Except to the extent applicable law provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A.