Terms of Use
Last Updated: August 2023
Welcome to the USA Gun Shop
The USA Gun Shop is a website that is open to user, mainly in the United States of America, that abide by these Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES. These Terms of Use constitute an agreement between the USA Gun Shop and you. We recommend that you print out a copy of these Terms of Use for your records.
By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites.
Please note that these Terms of Use contain provisions that govern the resolution of claims between USA Gun Shop and you. Please see the Legal Disputes section for complete details.
Privacy & Security
Please review our Privacy Policy, which also governs your use of the Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.
The fundamental point is we care about your privacy here at the USA Gun Shop. So we have put in place appropriate physical, electronic and paperwork safeguards to protect the limited information we collect from or about our users.
We do have to dicslose information when required by the law or regulatory bodies, however.
Potential Changes to the Terms
The USA Gun Shop reserved the right to change the Terms of Use and Privacy Polucy at any time. Your continued use of the Site and relevant applications following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Sites.
We may request you agree to sign n electronic or a non-electronic version of these Terms of Use for significant changes in accordance with laws and regulations.
We will notify you of any change to these Terms of Use by updating the “Last Updated” date at the top of these Terms of Use.
Intellectual Property Rights
We are proud of our branding at the USA Gun Shop and consider it our own intellectual property. All trademarks and service marks remain property of the USA Gun Shop.
All content is protected and using any of it without express written permission is strictly prohibited. This extends to and is not limited to the arrangement of the site, logos, images, text, content, buttons, digitally downloadable files.
Collectively known as site content, this remains the sole property of the USA Gun Shop.
Unauthorized copying, reproduction, republishing, modification and making derivative works is all prohibited.
User-Generated Content
Users can contribute to the USA Gun Shop with comments, blog posts, product reviews and other features.
In these instances the posters are solely responsible for their content and the consequences of publishing it online. Any content must be non confidential and not a breach of copyright.
By submitting content, you agree to abide by the following rules:
- Your content does not violate any copyright, trademark, patent or other intellectual property rights.
- You have the legal right to use and authorize us to use your User Content. That includes written permission of any recognizable or identifiable person referenced in your user content.
- Your content does not violate accepted use policies.
- You are able to grant USA Gun Shop a worldwide no exclusive and irrevocable royalty free license in perpetuity to use this user generated content on the site and associated social media channels.
The USA Gun Shop does not endorse any opinion, recommendation or advice in our user generated content. Also, we reserve the right to terminate an account, without warning, for improper use under the Terms of Service.
Acceptable Use Policy
When you submit user content to the site, you automatically agree to the following rules:
- You will not submit content that is protected or subject to third party intellectual or propietary rights without the full written permission from the rightful owner.
- Upload, post, email or transmit in any form content that is illegal, harmful, abusive, harassing, defamatory, vulgar, hateful or racially, ethnically or gender targeted.
- Use the site to harm an individual or company.
- Impersonate another person or entity, even in a satirical sense, with the aim of doing harm to said person or entity.
- Impersonate a person or entity to falsely represent yourself to the USA Gun Shop, affiliates or regulatory bodies. Or to falsely act as a representative of the USA Gun Shop.
- Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation
- Upload, post, e-mail or otherwise transmit any content that contains computer viruses, malware, spyware etc.
- Intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission.
- Collect, scrape, store or use personal information about other users of the Sites without their consent.
- Use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or products & services.
- Use any of our in any manner that could overburden or impair any of the Sites or the networks or systems.
You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities.
Electronic Communications
When you use the site, or correspond with us via electronic mail, texts or other communication, you consent to receive communications from us via email, test, push notice or other forms of communication that help us respond to you.
You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement.
About Our Prices
Our prices are accurate at time of writing, but we use a range of suppliers and those prices are all subject to change. We do our best to monitor these prices and adjust the prices regularly, but we will not be held liable for higher pricing with our partners.
We intentionally look for discounts and sales, and these may no longer be in effect when you come to make your purchase.
All orders are completed with our partner sites, so fulfilment and tracking is always their responsibility. Please direct any enquiries of this nature to the partner site that took your order as our customer service cannot access your order due to privacy regulations.
Links to Other Websites
We often link to other websites with a clear and fun explanation of all your gun issues, solutions and gun deals pricing. But we cannot be held responsible for their content. Don’t take a link as an endorsement. When you go to the third party site, you are subject to their privacy rtegulations and terms of service.
Notice to California Residents
The State of California takes a hard line on chemicals known to cause cancer, birth defects or other reproductive harm.
California Proposition 65 requires that special warnings be provided when products contain certain chemicals . These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware and electrical cords.
Our partner sites should have this information on California specific sales pages, but we don’t cater specifically to California and so don’t always include this information.
Pursuant to California Civil Code Section 1789.3, USA Gun Shop provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
Communications With USA Gun Shop
All communications with the USA GUn Shop are considered public, including feedback, comments, questions, suggestions etc.
In these instances, you relinquish your right to confidentiality in your communication and the USA Gun Shop will be able to respond publicly, and is under no obligation to offer confidentiality.
The USA Gun Shop may post interesting queries, responses or comments and you grant the license to do so when you contact us.
Indemnity
You agree to indemnify and hold USA Gun Shop and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user.
Disclaimer of Warranties
USA Gun Shop intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, USA Gun Shop EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply.
Limitation on Liability
In no event will USA Gun Shop or its officers, affiliates and partners be liable for any user of the sites, or user generated content, in any case for direct, indirect or punitive damages. This is including and not limited to damages for loss of profit, data loss or losses incurred using data or links on the site.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OF USE OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.
Agreement to Binding Arbitration
Any dispute, claim or controversy between you and USA Gun Shop, should go to arbitration first.
The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration, the scope of this problem, and the arbitrability of any claim or issue arising between us.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
Jury Trial and Class Action Waiver
Except as the Terms of Use otherwise provide, you and USA Gun Shop acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration, and the parties expressly waive their right to file a class action or seek relief on a class basis.
You and USA Gun Shop may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.
Governing Law
You and US Gun SHop agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, Where otherwise applicable, the laws of the Commonwealth of Massachusetts apply.
Initiating Arbitration and Arbitration Rules
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) as currently in effect, and as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org/consumer, by calling the AAA at 800-778-7879, or by writing to the AAA Notice Address set forth below. To the extent that there is a conflict between this clause and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and to. The AAA’s address is: American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the “AAA Notice Address”). You may also send a copy to the AAA online at https://www.adr.org.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Arbitration Fees
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise,USA Gun Shop will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator.
Other
To the extent that any other provision of the Terms of Use is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control.
Termination
Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms of Use. You agree that USA Gun shop in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if we believe that you have violated or acted inconsistently with these Terms of Use or for any other reason.
For instructions for deleting your account, please see the “Registering for the Service” section of our Privacy Policy.
The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.
Right to Access
YOU MUST BE AT LEAST AGE 18 TO USE THE SITES. By using the Sites, you affirm that you are over age 18. If you are under age 18, you may not access or use the Sites.
Outages
USA Gun Shop occasionally undergoes system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that USA Gun Shop has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
Jurisdictional Issues
Our sites are aimed at the United States of America and so will answer all jurisdictional issues in Miami, Florida.
If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws.
Any software on the Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
By downloading or using any software from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
General Information
These Terms of Use set forth the entire Agreement between you and USA Gun Shop with respect to use of the Sites and supersede any prior agreements between you and us relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with USA Gun Shop’s prior written consent.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
The parties agree that all correspondence relating to these Terms of Use must be written in the English language.
