1.Acceptance of Terms and Conditions
(a) K3G1, LLC dba “That! Gun Shop” (TGS) provides online resources including shopping services, search services, content, classified ads and forums (collectively, “the Service”) subject to the following terms and conditions of service (“User Agreement”). By using the Service in any manner, including if you visit or shop at the thatgunshop.net website, you agree to comply with all terms and conditions of this User Agreement. In addition, when using particular TGS services, you agree to abide by all posted guidelines for all TGS services.
(b) TGS reserves the right, at its sole discretion, to change, modify or otherwise alter the terms and conditions of this User Agreement and the Service at any time. TGS reserves the right to offer other services which are governed by different terms and conditions from those contained herein. The changes will become effective immediately upon posting of the changes. You must review this User Agreement on a regular basis to keep yourself informed of any changes. The most recent version of the User Agreement is available at: www.thatgunshop.net
(c) You consent to receive communications from TGS electronically. You agree that all agreements, notices, disclosures and other communications sent to you electronically satisfy any legal requirements that such communications be in writing.
(a) You understand and agree that all postings, messages, text, files, images, photos, video, sounds or other materials posted on, transmitted through or linked from the Service (collectively, the “Content”), are the sole responsibility of the person originating such Content. You also understand and agree that:
(i) you are solely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available through the Service;
(ii) TGS does not control and is not responsible for Content made available through the Service;
(iii) the TGS site and Content available through the Service may contain links to other websites which are completely independent of TGS and TGS makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site;
(iv) your linking to any such other websites is at your own risk;
(v) you bear all risks associated with use of any Content and under no circumstances will TGS be liable for any loss or damage of any kind incurred from the use of any Content posted, emailed or otherwise made available through the Service; and
(vi) TGS does not pre-screen or approve Content but TGS shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content for any reason.
(b) All product names, trademarks, service marks or other images exhibited through the Service are either the property of, or used with permission by, TGS and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited. All other product names exhibited through the Service may be trademarks or service marks of other persons.
3.Third Party Content, Sites and Services
(a) The TGS site and Content available through the Service may contain features and functionalities that may link or provide you with access to third party content which is completely independent of TGS including web sites, servers, networks, systems, information, databases, applications, software, programs, products or services and general access to the Internet.
(b) Your interactions with third parties (the “Third Parties”) including payment and delivery of goods or services and any other terms, conditions, warranties or representations associated with such Third Party dealings are solely between you and the Third Parties. You must make all appropriate investigations before proceeding with any online or offline transaction with any Third Party. TGS does not investigate, certify or approve any Third Party or other user of the Service.
(c) TGS shall not be responsible or liable for any loss, damage, cost or expense of any type whatsoever incurred as the result of any dealings or other interactions with Third Parties. If you have any dispute with a Third Party, you agree that TGS is not obligated be involved in the dispute and you hereby release and hold TGS, its officers, employees, agents and successors harmless from claims, demands and damages (actual and consequential) of every kind whatsoever, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Service.
4.Registration and Account Obligations
(a) As a condition precedent to your use of the Service, you warrant and represent that you are not a minor, are of legal age to form a binding contract and are not barred by law from using the Service. You further warrant, represent and agree to: (i) provide true, accurate, current and complete information in your registration to use the Service and (ii) maintain and promptly update such registration information to keep it true, accurate, correct and complete. Any violation of the foregoing warranties, representations or agreements may result in suspension or termination of your privileges to access and use the Service.
(b)If you use the Service, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree that you are responsible for all activities that occur under your account or password. If you are under 18, you may use the Service only with involvement of your parent or guardian. TGS reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.
5.Privacy and Information Disclosure
(i) comply with legal process;
(ii) enforce or comply with this User Agreement;
(iii) respond to claims that any Content violates the rights of Third Parties;
(iv) respond to claims that contact information (e.g. phone number, street address) of a Third Party has been posted or transmitted without their consent or as a form of harassment; or
(v) protect the rights, property or safety of TGS or the site users.
(c) The TGS website permits you to post your personal information such as your name, email address, phone number, physical address, etc. TGS strongly discourages you from posting your specific personal information because it will be available to anyone with internet access. TGS cannot guarantee the privacy or security of your information and, therefore, we strongly encourage you to utilize TGS’s blind email feature which gives others limited access to your personal information.
(a) You shall not post, email or otherwise make available Content that:
(i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy or is harmful to minors in any way;
(ii) list, offer for sale or sell any explosives, explosive devices or instructions for creating or making explosives or explosive devices other than ammunition for legal firearms;
(iii) is pornographic or depicts any human being(s) engaged in sexual conduct;
(iv) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
(v) impersonates any person or entity, including, without limitation, a TGS employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
(vi) includes personal or identifying information about another person without that person’s written consent;
(vii) is false, deceptive, misleading or deceitful;
(viii) infringes any patent, trademark, trade secret, copyright or other property rights of any person or entity;
(ix) contains affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes or unsolicited commercial advertisement;
(x) constitutes or contains any form of advertising or solicitation if posted in areas of the TGS sites which are not designated for such purposes or emailed to TGS users who have not given written approval to contact them about other services, products or commercial interests;
(xi) includes links to commercial services or web sites;
(xii) advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including, without limitation, the sale of items prohibited or regulated by Texas law. Without limiting the generality of the preceding sentence, you agree that all offers to sell and all sales and transfers of firearms, guns, ammunition, hunting guides and gun accessories shall by made by you strictly in accordance with all federal, state and local laws, rules and regulations. You further acknowledge and agree that applicable law prohibits that shipment of guns and firearms to any person or entity other than a Federally Licensed Dealer and you shall not sell, ship or deliver any goods in violation of any law. It is your obligation to know all laws regarding offers to sell and the sale and transfer of firearms, guns and ammunition and to fully comply with such laws and any violation of such law will terminate your right to access or use the Service. TGS will cooperate with law enforcement in prosecuting anyone suspected of breaking any such laws.
(xiii) A partial list of prohibited items for sale and prohibited services offered is provided at the following web address: http://www.atf.gov/firearms/statelaws/26thedition/
(xiv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(xv) disrupts the normal flow of dialogue with an excessive amount of Content to the Service or that otherwise negatively affects other users’ ability to use the Service;
(xvi) violates any federal, state or local law, rule, regulation, ordinance or other authority; or
(xvii) employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
(b) Additionally, you shall not:
(i) contact anyone who has asked not to be contacted or make unsolicited contact with anyone for any commercial or improper purpose;
(ii) stalk or otherwise harass anyone;
(iii) collect personal data about other users for commercial, unauthorized or unlawful purposes;
(iv) use automated means including spiders, robots, crawlers, data mining tools or similar software to download data from the Service unless expressly authorized in writing by TGS;
(v) attempt to gain unauthorized access to TGS’s computer systems or engage in any activity that disrupts, degrades, interferes with or impairs the performance of or functionality of the Services or TGS’s website;
(vi) use any form of automated device or computer program that enables the submission of postings on TGS’s website without each posting being manually entered by its author including, without limitation, use of any such automated posting device to submit postings in bulk or for automatic submission of postings at regular intervals; or
(vii) use any form of automated device or computer program (“flagging tool”) that enables the use of TGS’s flagging system or other community moderation systems without each flag being manually entered by the person that initiates the flag or use the flagging tool to remove posts of competitors or posts of TGS or any Third Party.
(c) TGS may, without prior notice, immediately terminate your access and use of the Service and any associated email addresses, all in TGS’s sole discretion including, without limitation, for any of the following reasons:
(i) breach or violation of this User Agreement or other incorporated agreements or guidelines;
(ii) request by law enforcement or other government agencies;
(iii) a request by you;
(iv) discontinuance or material modification to the Service (or any part thereof);
(v) unexpected technical or security issues or problems;
(vi) extended periods of inactivity;
(vii) engagement by you in fraudulent or illegal activities; or
(viii) nonpayment of any fees owed by you in connection with the Service.
(d) Termination of your TGS account may include:
(i) removal or denial of access the Service;
(ii) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof); and
(iii) barring of further use of the Service and TGS shall not be liable to your or any Third Party for any termination of your account, any associated email addresses or termination of access to the Service.
7.Risk of Loss
All items purchased from TGS are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
TGS does its best to accurately represent the merchandise through photo, price and copy. Occasionally we make mistakes, if such a mistake should occur; your order will be corrected as the facts dictate. We are not liable for errors in pricing, pictures, or descriptions.
TGS does our best to price our products at market value, as the market changes so does our pricing. We are not obligated to honor a price that is in print or an error. We can not confirm the price of a product until the order has invoiced; we do not charge credit usage fees nor do we charge your credit card until your order has invoiced. We reserve the right to adjust product prices as dictated by the market.
10.No Spam Policy
Sending unsolicited email advertisements through TGS’s computer systems or the Service is expressly prohibited by this User Agreement. Any unauthorized use of TGS’s computer systems is a violation of this User Agreement and federal and state laws, including without limitation, the Computer Fraud and Abuse Act (18 U.S.C. A, §§ 1030 et seq.). Such violations may subject the sender and his agents to civil and criminal penalties.
11.Limitations on Service
TGS may establish limits from time to time concerning use of the Service including, without limitation, the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages or other Content that may be transmitted or stored by the Service and the frequency with which you may access the Service. TGS has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. TGS reserves the right at any time to modify or discontinue the Service (or any part thereof), with or without notice, and TGS shall not be liable to you or to any Third Party for any modification, suspension or discontinuance of the Service.
12.Access to the Service
TGS grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include (a) access to the Service by posting agents or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders or similar data gathering or extraction tools for any purpose unless expressly approved in writing by TGS.
13.Termination of Service
TGS, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service for any reason, including, without limitation, if TGS believes that you have violated this User Agreement. Further, TGS shall not be liable to you or any Third Party for any termination of your access to the Service.
(a) The Service is protected by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work or compilation pursuant to copyrights laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of TGS. You shall not reproduce, duplicate or copy Content from the Service without the express written consent of TGS and you agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
(b) Although TGS does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to TGS an irrevocable, perpetual, non-exclusive, fully paid, transferable, irrevocable, worldwide license to use, copy, perform, display and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content and to grant and authorize sublicenses (through multiple tiers) of the foregoing. By posting Content to any public area of the Service, you automatically grant TGS all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Service by any party for any purpose.
15.Notification of Infringement Claims
If you believe that your intellectual property has been unlawfully copied or any Content otherwise infringes your intellectual property rights, please notify us in writing immediately.
16.Disclaimer of Warranties
YOU AGREE THAT USE OF THE TGS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE TGS SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TGS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE TGS SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, TGS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TGS SITE OR SERVICE OR ACCESSED THROUGH ANY LINKS ON THE TGS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TGS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE TGS SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you.
17.Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TGS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE TGS SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TGS SITE OR THE SERVICE, FROM INABILITY TO USE THE TGS SITE OR THE SERVICE OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE TGS SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TGS SITE OR THE SERVICE OR ANY LINKS ON THE TGS SITE AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TGS SITE OR THE SERVICE OR ANY LINKS ON THE TGS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD TGS, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES, COURT COSTS AND OTHER LEGAL DISBURSEMENTS AND EXPENSES ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, ANY CONTENT YOU SUBMIT, POST OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR VIOLATION OF THIS USER AGREEMENT, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN OR YOUR VIOLATION OF ANY RIGHTS OF, OR DUTIES OWED TO, ANY THIRD PARTY.
19.Resolution of Disputes
You and TGS agree that we will resolve any claim or controversy that arises out of this User Agreement, the Service or any sales transaction (a “Claim”) in accordance with one of the procedures described below. We strongly encourage you to first contact us directly by email to seek a resolution of the Claim.
(a) TGS AND YOU HEREBY AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF FLORIDA AND VENUE SHALL BY PROPER IN LAKE COUNTY.
(b) For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000 TGS or you may elect to resolve the dispute through binding non-appearance arbitration. If a party elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
(i) the arbitration shall be conducted by telephone, online or be solely based on written submissions and the specific manner shall be chosen by the party initiating the arbitration;
(ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties;
(iii) the arbitration shall be conducted by a single arbitrator; and
(iv) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(a) This User Agreement contains the entire agreement between TGS and you and governs your use of the Service and all transactions or other matters between TGS and you, superceding any prior agreements between TGS and you.
(b) This User Agreement and the relationship between TGS and you shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.
(c) The failure of TGS to exercise or enforce any right or provision of this User Agreement in any instance shall not constitute a waiver of such right or provision.
(d) If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid, such invalid provision shall be fully severable and the other provisions of this User Agreement shall remain in full force and effect.
(e) Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this User Agreement must be filed within one year after such claim or cause of action arose or accrued or be forever barred.
Copyright notice for all pages on this website: © 2013 K3G1, LLC All Rights Reserved. Any reproduction of these pages for commercial purposes or for distribution to other persons is a violation of United States Copyright law and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works or in any other way exploit any of the That! Gun Shop copyrighted works without first obtaining K3G1’s written consent. You may not view, reproduce, print or otherwise use any of the content of this website for anything other than your personal, informational, noncommercial use. Any reproduction must include the copyright notice set forth above.
K3G1, LLC has taken reasonable efforts to ensure that the information contained in this website is accurate; however, all information is provided “as is” without any expressed or implied warranties, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL K3G1, LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES. All users of the information agree that access to any use of the information is subject to the terms and conditions set forth in the User Agreement, as well as all applicable laws, and such access and use is at the user’s own risk. Our products are intended for adult use only.