Welcome to Gearfire. Gearfire and/or its affiliates (“Gearfire”) provide website features and other products and services to you when you visit or shop at Gearfire.com, use Gearfire products or services, use Gearfire applications for mobile, or use software provided by Gearfire in connection with any of the foregoing (collectively, “Gearfire Services”). Gearfire provides the Gearfire Services subject to the following conditions.
Last updated: March 13, 2017
We offer a wide range of Services and sometimes additional terms may apply to specific Services. When using certain Services, you also will be subject to the guidelines, terms and agreements applicable to that Service (“Service Terms”). If these Site Terms are inconsistent with any Service Terms, the Service Terms will control.
BY ACCESSING OR USING THE SITE AND ANY OF THE SERVICES, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS AND SERVICE TERMS, AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE IN THE SITE TERMS AND SERVICE TERMS. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS AND/OR ANY SERVICE TERMS, DO NOT USE THIS SITE OR THE SERVICES.
YOU MAY NOT USE THE SITE AND/OR THE SERVICES IF YOU ARE UNDER 18. ANY REGISTRATION AT, USE OF, OR ACCESS TO THE SITE BY ANYONE UNDER 18 IS UNAUTHORIZED, UNLICENSED AND IN VIOLATION OF THIS AGREEMENT.
We may modify these Site Terms, the Service Terms, and/or or any policy or guideline of the Site and the Services, at any time at our sole discretion. Any modifications will be posted on this page and will be effective immediately, so we suggest you review this page on a regular basis. Your continued use of the Site after any modification will mean you agree to this Agreement as modified. If you do not agree to any amended terms, do not use the Site.
REGISTRATION, ACCOUNTS AND PASSWORDS
If you establish an account at the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by the Site (“Registration Data”), (b) maintain the confidentiality of your password and account; (c) maintain and promptly update your Registration Data, and any other information you provide to us, and keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide at the Site.
You are solely responsible for all activities that occur under your password or account, whether authorized by you or not. You will (a) immediately notify us of any unauthorized use of your password or account or any other breach of security of your account or the Site; and (b) ensure that you exit from your account each time you use the Site.
We may terminate your account and access to the Site and Services if we learn that you have provided us with false or misleading Registration Data. We reserve the right at our discretion to suspend or cancel your account and/or password if we suspect that it is being used in an unauthorized or fraudulent manner. If we terminate, suspend, cancel or otherwise disable your account, you will not create another account without our permission.
PRODUCTS available at the site
Parties other than Gearfire operate stores, provide services or sell products at the Site. Gearfire is not responsible for, does not assume any liability for, and does not warrant the offerings or the actions of any businesses or individuals, or their content or their websites, that operate stores, provide services or sell products at the Site. The Site may offer users the opportunity to place classified ads and other communications that connect buyers with sellers of certain goods. Gearfire is not directly involved in transactions between a buyer and a seller and is not a party to any contract between a buyer and a seller. Further, Gearfire does not control the quality, safety, morality or legality of any aspect of the goods offered for sale by sellers on the Site and Gearfire does not control any aspect of a seller’s decision to sell goods or a buyer’s decision to buy or pay for goods. Gearfire does not verify the truth or accuracy of the listings on the Site.
Gearfire does not warrant that product descriptions, pricing or other content at the Site is accurate, complete, reliable, current or error-free. If a price is not as stated or a product is not as described, your sole remedy is with the seller of that product as provided in the purchase terms.
Gearfire may display a Regular Price, List Price or Suggested Price for products or services at the Site and these prices represent the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Regular Price, List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the Regular, List Price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set or the pricing as may be provided by the Dealer
All items purchased through the Site are made pursuant to a purchase contract with the seller of such items. This means that you need to understand such purchase terms and when you assume any risk of loss for products purchased or shipped by use of the Site.
Advertisements and Promotions
Gearfire may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Gearfire, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Gearfire is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party content, or content of third-party advertisers’ advertisements and promotions on the Site.
Ownership and Copyright
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the Gearfire logo and all designs, text, photos, graphics, pictures, information, data, code, software, music, sound files, other files, and materials and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of Gearfire or its licensors, suppliers, publishers, rights holders, or other content providers and are protected by U.S. and international copyright laws. The Site and all Site Content is © 2017 Gearfire, LLC, All Rights Reserved.
Gearfire, Gearfirehub, the Gearfire logo, the Geafirehub logo, National Firearms Dealer Network and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Gearfire or its licensors, suppliers, publishers, rights holders, or other content providers and may not be copied, imitated or used, in whole or in part, without the prior written permission of Gearfire or the applicable trademark holder. In addition, the Site Content, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Gearfire and may not be copied, imitated or used, in whole or in part, without the prior written permission of Gearfire. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Gearfire.
Subject to the terms, conditions and restrictions set forth in these Site Terms and in the Service Terms, and your payment of any fees applicable to your use of the Site and Services, Gearfire grants you a limited, non-exclusive, personal, nonsublicensable and revocable license to access and use the Site and to view, copy and print portions of the Site Content (the “License”). The License is specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) any displays or printouts of Site Content must be marked “© 2017 Gearfire and its licensors, All rights reserved.”; (iv) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Site Content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Site or the Site Content other than for its intended purpose; (vii) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (other than for page caching), except as provided herein; (viii) you may not frame or utilize framing techniques to enclose any Site Content, trademark, logo or other proprietary information (including images, text, page layout or form) of Gearfire, without the express written consent of Gearfire; and (ix) you may not use any meta tags or any other “hidden text” utilizing Gearfire’s name or trademarks without the express written consent of Gearfire. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of Gearfire is strictly prohibited and will terminate the License.
Your unauthorized use of the Site or Site Content may violate applicable laws, including without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except as expressly stated in these Site Terms, you are not conveyed or granted, and nothing on the Site or in connection with the Services may be construed as conveying or granting any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or other intellectual or proprietary right of Gearfire or any third party.
REVIEWS, COMMENTS, COMMUNICATIONS, Use of Interactive Areas
The Site will contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post content, messages, materials or items related to the Site and Site Content (“Interactive Areas”). If Gearfire provides Interactive Areas, you are solely responsible for your use of these Interactive Areas and you use them at your own risk. By using any Interactive Areas, you agree to comply with the Conduct Guidelines set forth in these Site Terms.
Gearfire takes no responsibility and assumes no liability for any content posted, stored or uploaded by you, other users of the Site, or any third party, or for any loss or damage thereto. Gearfire is not liable for any statements, representations, content, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Gearfire has the right, but not the obligation, to screen, edit or monitor any of the content posted to or distributed through any Interactive Area. Gearfire reserves the right to remove or disable, without notice, any content posted or stored in the Interactive Areas if it violates these Site Terms, is unlawful or illegal, or for any or no reason. Nothing in this Agreement requires Gearfire to store content indefinitely and Gearfire does not have an obligation to investigate any claims of infringement prior to removing or disabling content.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
Rights to User Content
By posting or distributing content to or through the Site, unless we indicate otherwise, you:
(a) grant Gearfire a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, now known or hereafter devised;
(b) grant Gearfire and its sublicensees the right to use the name that you submit in connection with your content, if they choose to do so; and
(c) represent and warrant that (i) you own and control all of the rights to the content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such content to or through the Site; (ii) such content is accurate and not misleading; and (iii) use and posting or other transmission of such content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
You further grant Gearfire the right to pursue at law any person or entity that s or Gearfire’s rights in the content by a breach of these Site Terms.
Content submitted by users will be considered non-confidential and non-proprietary and Gearfire is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Gearfire reserves the right to use the content as it deems appropriate in its sole and absolute discretion. Gearfire is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to the Site. Gearfire will have no duty to attribute authorship of content to you.
If it is determined by a court of competent jurisdiction that you retain moral rights (including rights of attribution or integrity) in any content that you submit, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates to that content; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by Gearfire or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release Gearfire, and its licensees, successors and assigns, from any claims that you could otherwise assert against Gearfire by virtue of any such moral rights.
If you choose to submit, post or distribute any content on the Site, you agree to respect the rights of all users of the Site and adhere to generally accepted rules of etiquette and standards of behavior. The following conduct guidelines apply to your use of the Site and Services:
- You will not engage in any behavior at the Site or post, upload, transmit, distribute, store, create or otherwise publish through the Site any content that is unlawful, misleading, false, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, violent, nudity, graphic, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
- You will not solicit or attempt to solicit personal information, including, without limitation, login information, from anyone.
- You will not infringe or misappropriate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
- You will not engage in any automated use of the system, including, without limitation, using scripts to send comments, messages, updates, blogs or bulletins or to harvest e-mail addresses or other data from the Site.
- You will do not anything that interferes with, disrupts, or creates an undue burden on the Site or the networks or services connected to the Site, including, without limitation, a denial of service attack.
- You will not upload, post, transmit or distribute viruses, corrupted data or other harmful, disruptive or destructive files or code.
- You will not upload, post, transmit or distribute any spam, junk mail, chain letters, unsolicited mass mailings, bulk messages, or content that consists of or contains political campaigning.
- You will not upload, post, transmit or distribute any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, foreign, or international law.
- You will not use invalid or forged headers to disguise the origin of any content transmitted to or through the Site or misrepresent the origin of any information or content that you provide.
- You will not offer any contests, sweepstakes, or giveaway.
- You will not circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of the Site.
- You will not provide or use “tracking” or monitoring functionality in connection with the Site, including, without limitation, to identify third party’s views, actions or other activities on the Site.
- You will not sell or transfer your profile, your e-mail address or personal URLs on the Site.
- You will not use the account, user name or password of any other person to access the Site or the Services or permit any third party to use your user name or password to access the Site or receive the Services.
You are granted a limited, non-exclusive, personal, non-sublicensable and revocable right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray Gearfire, the Site, or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. You may not use a Gearfire logo or other proprietary graphic of Gearfire to link to the Site without Gearfire’s express written consent.
The Site may contain links to third-party Websites (“Third-Party Sites”) and third-party content (“Third-Party Content”). You use links to Third-Party Sites and any Third-Party Content at your own risk. Gearfire does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Gearfire provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Gearfire’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Gearfire accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site. You should review applicable terms and policies, including privacy policies and data gathering practices, of any Third-Party Site, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Subject to the terms, conditions and restrictions set forth in these Site Terms and in the Service Terms, and your payment of any fees applicable to your use of the Site and Services, if Gearfire makes available to you certain software (“Gearfire Software”) for your use of the Site or the Services, Gearfire grants you a limited, non-exclusive, personal, nonsublicensable and revocable license to use the Gearfire Software solely for the purpose of enabling you to use the Site and the Services. You may not (a) include, combine or compile the Gearfire Software, or any portion thereof, into any other software or program, (b) modify, reverse engineer, disassemble or decompile the Gearfire Software, or any portion thereof, or (c) rent, lease, sell, lend, distribute or sublicense the Gearfire Software. Your right to the Gearfire Software will automatically terminate, without notice, if you violate the Site Terms, the Service Terms and any other terms governing your use of the Gearfire Software.
If you download or use Gearfire Software, such as an app or a browser plugin, you agree that from time to time, that software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
When you use apps created by Gearfire, you may grant us certain permissions for your device. You need to understand your device and the permissions granted. We are not responsible for the permissions your device may grant to us.
Please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, still apply to your use of our apps and other mobile services.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GEARFIRE, THE SITE, THE SERVICES AND THE SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GEARFIRE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, SERVICES, INFORMATION, SITE CONTENT, CONTENT AND MATERIALS ON THE SITE. GEARFIRE DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES, INFORMATION, SITE CONTENT, CONTENT AND MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, SERVICES, INFORMATION, SITE CONTENT, CONTENT AND MATERIALS ON THE SITE OR ANY PORTION THEREOF.
INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. GEARFIRE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. USE OF THE SITE AND THE SERVICES IS SOLELY AT YOUR RISK.
LIMITATION OF LIABILITY
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST GEARFIRE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, ATTORNEYS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, INFORMATION, THE SITE CONTENT, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT GEARFIRE SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE AND/OR THE SERVICES. YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK.
GEARFIRE OR ANY PARTIES PROVIDING SITE CONTENT WILL NOT BE LIABLE FOR ANY LOSS PROFITS OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE, THE SERVICES, INFORMATION, THE SITE CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, EVEN IF GEARFIRE OR A GEARFIRE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ANY THEORY OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF GEARFIRE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EXCEED THE GREATER OF TEN U.S. DOLLARS ($10.00) OR THE AMOUNT YOU ACTUALLY PAID TO GEARFIRE, IF ANY, IN THE SIX MONTHS PRIOR TO THE EVENT WHICH GAVE RISE TO THE CLAIM.
Some of the above limitations of liability may not apply to you. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such cases, Gearfire’s liability will be limited to the fullest extent permitted by the applicable law.
GOVERNING LAW AND DISPUTES
This Agreement and performance hereunder will be governed by, and construed in accordance with, the laws of the state of Arizona, without giving effect to conflict of law principles. You will resolve any claim, cause of action or dispute in any way related to your use of the Site, the Services, or any products or services sold or distributed by or through the Site exclusively in the federal and state courts located in Phoenix, Arizona. You consent to the personal jurisdiction of courts located in Phoenix, Arizona, stipulate to the fairness and convenience of proceedings in such courts, and irrevocably waive, and covenant not to assert, any objection to such venue.
If anyone brings a claim against Gearfire related to your actions, content or information on the Site, you will indemnify and hold harmless Gearfire from and against all damages, losses, liabilities and expenses of any kind, including reasonable legal fees and costs, related to such claim.
If you believe that material posted on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another website that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement: Weiss Brown
ATTN: Jennifer Lefere
6263 N. Scottsdale Road, Suite 340
Scottsdale, AZ 85250
Telephone Number of Designated Agent: (480) 327-6666
Facsimile Number of Designated Agent: (480) 907-3003
Email Address of Designated Agent: email@example.com
Any notification must include the following information:
- Identity of the copyrighted work that you claim has been infringed, or, if multiple works, a representative list of the copyrighted works that you claim have been infringed.
- Identification of the material that you claim is infringing and where it is located on the Site.
- Your street or mailing address, telephone number and email address.
- A statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or are authorized to act on the copyright owner’s behalf.
- Electronic or physical signature of the copyright owner or of a person authorized to act on the copyright owner’s behalf.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.
Gearfire has adopted a policy of terminating, in appropriate circumstances and at Gearfire’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Gearfire may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If any provision of these Site Terms will be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Site Terms and will not affect the validity and enforceability of any remaining provisions.
Questions and Comments
If you have any questions or comments regarding these Site Terms or your use of the Site or the Services, please submit them to us at https://www.gearfire.com/help/contact.