WEAPON MARKET ONLINE MARKETPLACE.
WEAPON MARKET has developed and operates an online marketplace at the WEAPON MARKET online marketplace for the sale of Firearms, ammunition, optics, magazines and certain other products and accessories (collectively, "Products") to Buyers where legally permissible in the United States of America, through FFL Dealers who are licensed to transfer Firearms and have agreed with WEAPON MARKET, among other things, to list and make their inventory available for sale through the WEAPON MARKET online marketplace.
Each such FFL Dealer who participates as a member of the WEAPON MARKET network of authorized dealers is referred to in these Terms and Conditions as a "Dealer". Each Dealer’s participation in the network of dealers authorized by WEAPON MARKET is subject to the terms and conditions of WEAPON MARKET's Network Terms and Conditions. In order for a Firearm 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") (which FFL Dealer may or may not be a member of the WEAPON MARKET authorized network of Dealers), 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 WEAPON MARKET online marketplace and is a potential or actual purchaser of a Product from the WEAPON MARKET online marketplace.
PURCHASE AND SALE OF PRODUCTS.
WEAPON MARKET operates the Platform as an intermediary, facilitating transactions between buyers and dealers. WEAPON MARKET does not take ownership or possession of the products listed on the Platform. WEAPON MARKET is not responsible for the quality, safety, legality, or availability of the products, nor does it provide any warranties or guarantees in connection with the products.
You agree that any order you place on the WEAPON MARKET online marketplace is directly an order placed on the Dealer’s website, subject to these Terms and Conditions. All orders are subject to acceptance by the Dealer and WEAPON MARKET is under no obligation to accept any order. NO SALE OF A FIREARM IS COMPLETE UNTIL THE FIREARM HAS BEEN TRANSFERRED BY AN FFL DEALER TO THE PURCHASER IN ACCORDANCE WITH APPLICABLE LAW AND ALL APPLICABLE REQUIREMENTS OF THESE TERMS AND CONDITIONS HAVE BEEN SATISFIED.
WEAPON MARKET will use commercially reasonable efforts to verify the availability of requested Products in a timely manner. WEAPON MARKET tries to maintain an accurate listing of inventory available but is ultimately dependent upon its network of suppliers and 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 Firearms. WEAPON MARKET 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 WEAPON MARKET online marketplace, and WEAPON MARKET does not warrant that any Product description or other content is accurate, complete, reliable, current or error free. WEAPON MARKET reminds the Buyer to verify all Firearms before leaving the Dealer.
Not all Products are available in all areas due to federal, state, or local Laws. The 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 WEAPON MARKET 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, FIREARMS, AMMUNITION AND ANY OTHER PRODUCTS RESTRICTED BY LAW.
You are solely responsible for your any activity on your account for keeping your password secure.
RESPONSIBILITIES.
Buyer Responsibilities: Buyers using the Platform agree to the following:
Due Diligence: Buyers are responsible for conducting their own research and due diligence regarding the products, including verifying product details, descriptions, specifications, pricing, and any applicable legal requirements or restrictions.
Compliance with Laws: Buyers are responsible for ensuring that their purchase and use of the products comply with all applicable federal, state, and local laws and regulations. This includes, but is not limited to, any licensing, permitting, or age restrictions.
Dealer Responsibilities: Dealers using the Platform agree to the following:
Product Listings: Dealers are responsible for providing accurate and complete product information, including descriptions, images, pricing, and availability. Dealers should ensure that their listings do not infringe upon the intellectual property rights of others.
Compliance with Laws: Dealers are responsible for ensuring that their products, listings, and sales activities comply with all applicable federal, state, and local laws and regulations. This includes, but is not limited to, product safety standards, labeling requirements, licensing, and any restrictions on the sale or distribution of certain products.
Order Fulfillment: Dealers are responsible for promptly processing orders, packaging the products securely, and arranging for shipment or delivery. Dealers should provide accurate shipping information and adhere to any specified shipping methods or guidelines.
PRICES AND PAYMENT TERMS.
All prices on the WEAPON MARKET online marketplace are quoted in US currency. All prices, discounts, and promotions posted on the WEAPON MARKET 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 on the Dealer’s website. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in the shopping cart and in the order confirmation email.
Each Buyer represents and warrants that when placing an order on the Dealer’s website (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 WEAPON MARKET 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.
SHIPMENTS; DELIVERY.
You represent and warrant to WEAPON MARKET that all Products you order through the WEAPON MARKET online marketplace may be shipped, delivered, sold and transferred to you and possessed by you in the jurisdiction you specify for delivery in accordance with all Laws. You are responsible for complying with all applicable Laws, including all local laws, ordinances, rules and regulations.
The Dealer will arrange for shipment of ordered Firearms to a Dealer near you, or if you prefer, another FFL Dealer in your area as you direct. Please check the individual product page for specific delivery options. Buyer will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of the order.
Shipping and delivery dates are estimates only and cannot be guaranteed. Weapon Market is not liable for any delays in shipments. Bulk orders may be charged an added fee based on the shipping policy in place at the time of order.
DISCLAIMERS.
If used improperly, Firearms can be dangerous. If you order a Firearm through the WEAPON MARKET online marketplace, you agree to follow all manufacturer safety instructions and to use any such Firearm in a safe manner, in an approved area, and solely for legal purposes.
WEAPON MARKET does not manufacture any of the Products offered on the WEAPON MARKET online marketplace. The availability of Products or services through the WEAPON MARKET online marketplace does not indicate an affiliation with or endorsement of any Product, service, manufacturer or Dealer. Accordingly, WEAPON MARKET does not provide any warranties with respect to the Products or services offered on the WEAPON MARKET online marketplace. However, some Products offered on the WEAPON MARKET online marketplace are covered by the manufacturer's warranty as detailed in the Product's description on the WEAPON MARKET online marketplace and included with the Product. To obtain warranty service for defective Products, please follow the instructions included in the manufacturer's warranty.
WEAPON MARKET assumes no, and Buyer hereby releases WEAPON MARKET 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 WEAPON MARKET's direct and immediate control, or otherwise.
You affirm that WEAPON MARKET 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 Firearm, ammunition or ammunition components may cause exposure to lead, and you hereby hold WEAPON MARKET harmless from and assume all responsibility and liability for any lead exposure.
WEAPON MARKET MAKES NO WARRANTIES WITH RESPECT TO THE PRODUCTS OR THE WEAPON MARKET ONLINE MARKETPLACE, WHICH ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEAPON MARKET DISCLAIMS ALL WARRANTIES RELATING TO THE PRODUCTS, THE WEAPON MARKET 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.
Legal Compliance:
The sale, possession, and use of ammunition may be subject to federal, state, and local laws and regulations. It is your responsibility to ensure compliance with all applicable laws before purchasing or using any ammunition.
We do not warrant that our Website complies with the laws of all jurisdictions. It is your responsibility to determine the legality of purchasing and possessing ammunition in your jurisdiction.
Information Accuracy and Reliability:
The information provided on our Website is for general informational purposes only. We make no warranties, express or implied, about the accuracy, completeness, or timeliness of any information, product descriptions, or specifications.
Any reliance you place on the information provided on our Website is strictly at your own risk. We recommend verifying the information independently before making any purchasing decisions.
Product Listings and Availability:
Our Website may display ammunition listings from various Dealers. We do not warrant the availability, quality, or legality of any ammunition listed on our Website.
We reserve the right to modify or remove any ammunition listings without notice. In the event that an item is unavailable after you have placed an order, we will contact you to provide alternatives or issue a refund.
Purchase and Sale:
By making a purchase through our Website, you acknowledge that you are of legal age to purchase ammunition in your jurisdiction. You also confirm that you are legally allowed to possess and use the purchased ammunition.
You are solely responsible for ensuring compliance with all laws regarding the purchase, possession, and use of ammunition.
YOUR REPRESENTATIONS AND WARRANTIES TO WEAPON MARKET.
You represent and warrant to WEAPON MARKET that: (i) you have the legal power and capacity to enter into these Terms and Conditions 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 and Conditions 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 WEAPON MARKET online marketplace or purchase of Products, and (iv) you will not interfere with or disrupt, or attempt to interfere with or disrupt, the WEAPON MARKET online marketplace.
If you are ordering a Firearm or other Product restricted by Law, you further represent and warrant that: (i) you are not prohibited by Law from receiving or possessing Firearms or any other Product you order that is restricted by Law, (ii) you are the actual transferee/purchaser of the Firearm or other restricted Product you order and you are not ordering or acquiring such Firearm or restricted Product on behalf of any other person, (iii) you assume all responsibility for the legality of any Firearm 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 is true, complete and accurate in all respects.
You represent and warrant that you are buying Products or services from the WEAPON MARKET online marketplace for your own personal use only, and not for resale or export. 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 WEAPON MARKET 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 and Conditions (whether by clicking "I Accept," by participating as a User of the WEAPON MARKET online marketplace or otherwise indicating your assent to these Terms and Conditions), you are subject to and will be bound by these Terms and Conditions until such time as your participation as a User of the WEAPON MARKET online marketplace ends.
Termination. You may terminate your account with WEAPON MARKET at any time from your account settings. Similarly, WEAPON MARKET may suspend or terminate your account and your access to the WEAPON MARKET online marketplace any time and for any reason, without advance notice. You do not have a contractual right to continue using the services offered through the WEAPON MARKET online marketplace.
Survival. These Terms and Conditions will remain in effect even after your account is terminated or your use of the WEAPON MARKET online marketplace ends.
Intellectual Property. All intellectual property rights and other rights relating to the WEAPON MARKET online marketplace and the trademarks and service marks of WEAPON MARKET (the "WEAPON MARKET Marks") will at all times be the exclusive property of WEAPON MARKET or its licensors, and all use of such rights will accrue to the benefit of WEAPON MARKET. User will not challenge WEAPON MARKET's title to such intellectual property, including, without limitation, the WEAPON MARKET Marks, oppose any registration thereof, or challenge the validity of these Terms and Conditions. Furthermore, User will not register, nor attempt to register, any trade name, trademark, service mark, design or domain name which, in whole or in part, incorporates or is confusingly similar to the WEAPON MARKET Marks, without the prior written consent of WEAPON MARKET. User acknowledges and agrees that, as between WEAPON MARKET and User, WEAPON MARKET owns all Buyer information collected through the WEAPON MARKET online marketplace. Nothing contained in these Terms and Conditions will constitute or be construed as a transfer of ownership of any of the intellectual property rights of WEAPON MARKET or its licensors or to otherwise give User any proprietary rights to any of the intellectual property rights of WEAPON MARKET or its licensors. User grants WEAPON MARKET an irrevocable, perpetual, worldwide, royalty-free right and license to use information or content User supplies to WEAPON MARKET.
Acceptable Use and Restrictions. You agree to protect the WEAPON MARKET online marketplace and its proprietary content, information and other materials, from unauthorized access or use, and you agree that you will not use the WEAPON MARKET online marketplace or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by WEAPON MARKET. You agree that: (a) you will not use the WEAPON MARKET online marketplace if you are not fully able and legally competent to agree to these Terms and Conditions; (b) you will only use the WEAPON MARKET online marketplace for lawful purposes and you will not use the WEAPON MARKET online marketplace for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct or to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party; (c) you will not use the WEAPON MARKET online marketplace to send "spam"; (d) you will not use the WEAPON MARKET online marketplace to cause nuisance, annoyance or inconvenience; (e) you will not impair the proper operation of the WEAPON MARKET online marketplace network; (f) you will not try to harm the WEAPON MARKET online marketplace in any way whatsoever; (g) you will not copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the WEAPON MARKET online marketplace, any updates, or any part thereof or content therein without written permission from WEAPON MARKET; (h) Users who are not Dealers will only use the WEAPON MARKET online marketplace for their own use, not for commercial use; (i) you will not distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the WEAPON MARKET online marketplace in any unauthorized manner, including but not limited to by trespass or burdening network capacity, or use the WEAPON MARKET online marketplace in any service bureau arrangement; (j) you will not attempt to obtain any information or content from the WEAPON MARKET online marketplace using any robot, spider, scraper or other automated means for any purpose; (k) you will keep secure and confidential your account password or any identification we provide you which allows access to the WEAPON MARKET online marketplace or your account thereon; (l) you will only use an access point or data account which you are authorized to use; (m) you will provide whatever proof of identity and age reasonably requested by WEAPON MARKET or any transferring FFL Dealer; and (n) you will not permit any third party to engage in any of the acts prohibited above. You understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights' notice or restrictive rights legend contained or included in the WEAPON MARKET online marketplace; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the App, Website, any updates to or portion of the WEAPON MARKET online marketplace (except as and only to the extent any foregoing restriction is prohibited by applicable Law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the WEAPON MARKET online marketplace); (iii) use any means to discover the source code of the WEAPON MARKET online marketplace and software or to discover the trade secrets in the WEAPON MARKET online marketplace or software; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the WEAPON MARKET online marketplace. Any attempt to do any of the foregoing is a violation of these Terms and Conditions and the rights of WEAPON MARKET and its licensors. If you breach these restrictions, you may be subject to prosecution and damages.
INDEMNIFICATION.
User will indemnify, defend, and hold WEAPON MARKET 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 and Conditions, 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 WEAPON MARKET BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE PRODUCTS, OR THE USE, OR INABILITY TO USE, THE WEAPON MARKET ONLINE MARKETPLACE, EVEN IF WEAPON MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEAPON MARKET'S AGGREGATE CUMULATIVE LIABILITY FOR DAMAGES ARISING IN CONNECTION WITH THE PRODUCTS, THESE TERMS AND CONDITIONS OR THE WEAPON MARKET 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 WEAPON MARKET 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 AND CONDITIONS OR YOUR USE OF THE WEAPON MARKET 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 in Ohio. The arbitration will be conducted by a single arbitrator chosen by you and WEAPON MARKET or, if you and WEAPON MARKET 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 and Conditions (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 WEAPON MARKET 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 and Conditions constitute the entire arrangement and understanding between the parties and supersede all prior agreements, negotiations and discussions relating to the subject matter hereof, whether written or verbal (except that if you are a Dealer, the Dealer Terms and Conditions also apply). Each party acknowledges that in entering into and performing these Terms and Conditions it does not do so on the basis of, and does not rely on any statement or representation or warranty or understanding other than as expressly contained in these Terms and Conditions at the date hereof or subsequently included within these Terms and Conditions pursuant to Section 16(b).
Amendments. WEAPON MARKET may amend these Terms and Conditions at any time and for any reason (including, without limitation, to comply with applicable Law) by posting the amended terms to the WEAPON MARKET online marketplace. Our right to amend these Terms and Conditions includes the right to modify, add to, or remove terms in the Terms and Conditions. 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 WEAPON MARKET online marketplace constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the new or updated Terms and Conditions through an electronic click-through. Except as required by applicable Law, these Terms and Conditions may not otherwise be amended except through a written mutual agreement by you and WEAPON MARKET.
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 and Conditions 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 and Conditions to you by WEAPON MARKET will be in writing and will be deemed effectively delivered: (i) when posted to the WEAPON MARKET online marketplace, or (ii) sent by email to the account provided by the User, or (iii) if sent by courier, on the date delivered, or (iv) if sent by email or facsimile, on the date of confirmed electronic transmission. Any notices and other communications given or made pursuant to these Terms and Conditions to WEAPON MARKET by you will be in writing and will be deemed effectively delivered: (i) when sent by email to WEAPON MARKET at ___________________, on the date of confirmed electronic transmission or (ii) if sent by mail or express courier, on the date delivered to an authorized representative of WEAPON MARKET. Either party may change its contact information by delivering written notice to the other party in the manner provided above.
Relationship of the Parties. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions. WEAPON MARKET has no special relationship with or fiduciary duty to any User or Buyer.
Links from the WEAPON MARKET online marketplace. The WEAPON MARKET online marketplace 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 WEAPON MARKET online marketplace, 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 WEAPON MARKET online marketplace, 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 WEAPON MARKET online marketplace.
Force Majeure. WEAPON MARKET will have no liability to any User under these Terms and Conditions to the extent that it is delayed, prevented or hindered in performing any of its obligations under these Terms and Conditions 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.
Governing Law; Venue; Jurisdiction. These Terms and Conditions will, in all respects, including all matters of construction, validity and performance, be governed by the laws of Ohio, 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 and Conditions and that is permitted to be brought outside of arbitration will be brought in the state or federal courts sitting in the State of Ohio 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 and Conditions if brought in Ohio, 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 and Conditions 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 WEAPON MARKET. 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 and Conditions.
WEAPON MARKET is committed to ensuring your privacy is protected at all times during your use of the Site. Please take the time to read over our Privacy Policy (“Policy”) carefully, so you have a complete understanding of how we collect, use, and disclose the personal information you provide to us. If you do not agree with our policies and practices, your choice is not to use our website weaponmarket.com (the “Website”).
WEAPON MARKET and the Website will continue to grow and improve to better serve you; therefore, our Privacy Policy is subject to change and we encourage you to review our Policy each time you visit the Website. This Privacy Policy only applies to information collected online on the Website.
1. COLLECTING INFORMATION ABOUT YOU
Categories and Types of Personal Information We Collect
We collect the following categories and types of personal information:
Categories of Use
2. HOW WE USE YOUR PERSONAL INFORMATION
Internal and service-related usage. We use and retain information, including personal information, to improve and facilitate our Products, including:
Advertising. We may use personal information to help us deliver targeted advertising including to consumers directly and through unaffiliated advertising partners, to measure the effectiveness of advertising on behalf of our advertising partners, and to identify the audience most likely to respond to an advertisement.
Communications. We may send communications via email or SMS to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.
Marketing. We may use information about you, including personal information, to send you information about WEAPON MARKET’s Products, including by email, SMS, phone, or mail.
Non-personal Information. We may use aggregated or other data that is not personal information for any purpose, including marketing. These uses may include but are not limited to analyzing interactions with and performance of our Products, enabling us to improve our Products, and sharing such information with our business partners, affiliates, or any other third party. Similarly, we may enhance any such and aggregated data collected via our Products with other information collected from our business partners.
How we use automatic collection technologies. We, as well as third parties that provide content, advertising, or other functionality on our Products, may use cookies, pixel tags, local storage, and other technologies to automatically collect information. Our use of these technologies fall into the following general categories:
3. WHEN WE SHARE INFORMATION WITH THIRD PARTIES
Our Service Providers
We may contract with companies or persons to provide certain services including data analysis and management, promotional services, etc. We call them our Service Providers. We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.
Our Affiliates
We may share personal information with businesses controlling, controlled by, or under common control with any WEAPON MARKET Brands.
Corporate Transactions
We may share personal information with parties to business transactions such as those we deal with in mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations, or other types of business transactions. In these types of transactions, personal information may be shared, sold, or transferred, and it may be used subsequently by a third party.
Law Enforcement and Courts
In certain instances we may disclose your contact information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities that may be causing injury to you, to WEAPON MARKET Brands or to others. We may also disclose your contact information when we believe the law or legal process requires it.
4. PROTECTION OF YOUR INFORMATION
Security of your personal information:
We maintain administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of your personal information in our custody and control. We also are committed to employing commercially reasonable procedures and technology in order to protect the security of our Website.
Although we do our best to protect your personal information, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes.
The safety and security of your information also depends on you. If you are a member or where you have chosen a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We also urge you to be careful about giving out information in public areas of the Website. The information you share may be viewed by other users of the Website, and may result in unwanted e-mail or contacts from third parties.
Any transmission of personal information is at your own risk and WEAPON MARKET is not responsible.
Secure Shopping:
You may be able to create an account on our Website with a username and password. We recommend you exercise extreme care in protecting your password information and do not publicly share any of your passwords. You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any access to or use of the Site by you or another person or entity using your password, whether or not such access or use has been authorized by or on behalf of you.
Although we will take (and require our third-party providers to take) reasonable security precautions to protect the personal information collected from and stored on the site, because of the open nature of the internet, we cannot guarantee that personal information stored on our servers, transmitted to or from a user, or otherwise in our care will be absolutely safe from intrusion by others, such as hackers. Accordingly, we disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using the site, you acknowledge that you understand and agree to assume these risks.
Third party affiliates, links, and advertising:
This Website may contain advertising for or links to our affiliates, business partners, or other third parties. Please refer to the individual policies of any links and affiliates found on the Website as they may have different collection, protection, and disclosure procedures from those contained in this Policy. WEAPON MARKET is not responsible for the content or for the policies of these third party websites.
5. INFORMATION DISCLOSURE AND CORRECTION REQUESTS
You may request access to the personal information that we have about you. If you are a registered user or member, you can review and change your personal information by logging into the Website and visiting your account profile page. You may also contact us (see “Contact Us” section below) to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions, as defined in the Terms and Conditions, from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms and Conditions.
Opt-Out:
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website.
If you do not wish to have your personal information used by the Company to promote our own or third parties' products or services, you can opt-out by sending us an e-mail stating your request. You may also change your marketing preferences or remove yourself from our mailing list by clicking on the “unsubscribe” hyperlink contained at the bottom of the emails we send to you.
6. DATA PROTECTION RIGHTS UNDER GDPR
WEAPON MARKET is committed to ensuring fair and transparent processing. That is why it is important to us that data subjects can not only exercise their right to object but also the following rights where the respective legal requirements are satisfied:
To exercise your right, please contact us as indicated in the "Contact Us" section below.
7. PRIVACY DISCLOSURES FOR CALIFORNIA RESIDENTS “CCPA”
This section applies to you if you are a resident of the state of California and provides additional information about how we collect, use, disclose and otherwise process Personal Information of individual residents of the state of California within the scope of the California Consumer Privacy Act of 2018 ("CCPA"). In addition to our Personal Information processing activities relating to our Services, this section also addresses Personal Information we may process offline.
For purposes of this section, "Personal Information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. It does not include information that is made publicly available from government records, that is aggregated such that it is not capable of being associated with you, or that is otherwise excluded from the CCPA's scope. This section also does not apply to information relating to our employees, contractors, applicants and other personnel.
8. DATA RETENTION
We retain information for as long as your account is active or as needed to provide Products or services. We will also retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
9. CHILDREN'S PRIVACY
We do not knowingly collect, maintain, or use personal information from children under 13 years of age, and our Products are not directed to children under the age of 13. If you learn that your child has provided us with personal information without your consent, you may alert us at [еmаіl аddrеѕѕ hеrе]. If we learn that we have collected any personal information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
10. CHANGES TO OUR PRIVACY POLICY AND PRACTICES
We may revise this Privacy Policy, so we encourage you to review it periodically. If you continue to visit WEAPON MARKET or use our Products after such changes have been made, you hereby provide your consent to the changes.
Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted. If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.
New uses of personal information. From time to time, we may desire to use personal information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected personal information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses, before those changes become effective, as may be required by law.
11. CONTACT INFORMATION FOR PRIVACY ISSUES
Email: samuelbilskie@weaponmarket.com
1. General Policy:
a. If a customer encounters any issues with a product purchased on our online marketplace, they should directly contact the retailer from whom the product was purchased.
b. Our role as an online marketplace is to connect buyers and sellers, and we facilitate transactions but do not handle the actual sale or shipment of products.
2. Incorrect Charges:
a. Our refund policy applies to incorrect charges on a retailer account within our online marketplace. Customers are not charged to use our website.
b. Refunds for incorrect charges will be considered at the discretion of our management.
c. To request a refund for an incorrect charge, customers must contact our customer support team with detailed information about the charge and any supporting documentation.
3. Retailer Responsibility:
a. As an online marketplace, we expect our retailers to adhere to high-quality standards and address customer concerns promptly.
b. Retailers are responsible for managing and resolving any issues related to the products they sell.
c. If a customer has a problem with a product, they should contact the retailer directly for assistance, including inquiries about returns, exchanges, or refunds.
4. Dispute Resolution:
a. In case of a dispute between a customer and a retailer, we encourage open communication and collaboration to find a resolution.
b. While we may offer guidance or assistance in resolving disputes, the final decision rests with the involved parties.
c. We are not liable for any disputes or issues arising from transactions between customers and retailers on our online marketplace.
5. Refund Eligibility:
a. Refunds for incorrect charges will only be considered if they meet the criteria determined by our management.
b. Eligibility for refunds may vary depending on the nature of the charge and the circumstances surrounding it.
c. Our customer support team will assess each request on a case-by-case basis to determine the validity of refund claims.
TEST
TEST
TEST
TEST
TEST
Are you an established retailer looking to reach more customers? Or perhaps a startup seeking to generate more web traffic? Sign up for a retailer account and begin listing your products today!
Sign Up Now