General Terms of Service
1. Description of GunAdvisorpro.com and These Terms of Service
Welcome to Gun Advisor Pro! Gun Advisor Pro (“Gun Advisor Pro”, “us”, “we”, “our”) provides its products and services subject to these Terms of Service (“Terms”). By using Gunadvisorpro.com, you agree to the following Terms. These Terms may be updated by us from time to time, and we encourage you to revisit this page often and review the Terms. In addition to these Terms, when using particular GunAdvisorpro.com owned or operated services, you may also be subject to any additional posted guidelines applicable to such services.
GunAdvisorpro.com provides you with access to many valuable resources, including Values, both new and used, quotes from dealers and quotes from individuals, research, reviews and ratings, gun buying advice, classifieds, as well as links to sites where you can obtain services such as financing and insurance, and other existing services and those that may later be offered to you (the “Service”). The Service includes advertisements, which are necessary for GunAdvisorPro.com to provide the Service to you. Unless explicitly stated otherwise, any new features that we may add to GunAdvisor.com will also be subject to these Terms, and any other special terms of service referenced in the new feature.
3. Personal Use Only
You may make personal use of all of the information you access on GunAdvisorpro.com (“Information”), but you may not take any of the Information and reformat and display it, or copy it on your Web site or in any other format, and you may not store or migrate any of the Information or other data from GunAdvisorPro.com without GunAdvisorPro.com’s written permission. By using the Service, you agree not to sell, store, distribute, transmit, display, reproduce, modify, migrate, create derivative works from, or otherwise exploit any of the Information content or data related to any portion of the Service. You may print a copy of particular values and prices and use the Information for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on GunAdvisorPro.com. If you want to make commercial use of the GunAdvisorPro.com Information or Services, you must enter into an agreement with us to do so in advance, and we would love to talk to you about that.
4. Survey Responses, Feedback, and Other Contributions to GunAdvisorPro.com
By submitting ideas, survey responses, suggestions, documents, comments, and/or proposals (“Contributions”) to GunAdvisorPro.com through its surveys, “contact us”, or suggestion or feedback Web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) GunAdvisorPro.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) your Contributions automatically become the property of GunAdvisorPro.com without any obligation of GunAdvisorPro.com to you and GunAdvisorPro.com shall be entitled to use, copy, modify, or disclose (or choose not to use or disclose), delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Contributions for any purpose, in any way, in any media worldwide; (d) GunAdvisorPro.com may have something similar to the Contributions already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from GunAdvisorPro.com under any circumstances for your Contributions.
To obtain access to certain services from GunAdvisorPro.com, you may be required to register on GunAdvisorPro.com. As part of the registration process, you will be required to select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing GunAdvisorPro.com through any username/password assigned to you. You will notify GunAdvisorPro.com’s Customer Service Department of any known or suspected unauthorized use of your account via email.
6. Buying and Selling Firearms
We Do Not Sell Firearms
GunAdvisorPro.com offers a firearm listing and information service that brings together buyers and sellers. GunAdvisorPro.com is not a party to any transaction between firearms buyers and sellers that originates on or through GunAdvisorPro.com. Information about a particular firearm is supplied by the seller, not by GunAdvisorPro.com. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
Though we hope that all who come to GunAdvisorPro.com will act honorably and treat each other fairly, we cannot verify the information that sellers supply or guarantee the firearms they offer. Nor can we assure the seller of a firearm that the payment he or she receives from the buyer is legitimate. When using GunAdvisorPro.com to find a buyer for your firearm or a firearm to purchase, we urge you to use the same common sense and good judgment you would use in selling a firearm through, or responding to, a classified ad in the newspaper. There is no substitute for healthy skepticism and your own good judgment. You must know and follow all your states laws.
Buying a Firearm
The prices listed by sellers on GunAdvisorPro.com often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing, and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular firearm. Before purchasing a firearm or any other good or service you have read about on GunAdvisorPro.com, you should confirm with the seller any information, including the price that is important to your purchasing decision. GunAdvisorPro.com is not responsible for, and does not guarantee the performance of, any such firearms, goods or services listed or researched on GunAdvisorPro.com.
We may screen some email messages sent through GunAdvisorPro.com to sellers about firearms listed on GunAdvisorPro.com. If it appears that your email message has not reached the seller of the firearm you are inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.
Our used car listings include firearms that have been “certified” as meeting certain standards established by manufacturers and/or dealers in connection with their pre-owned firearm programs. The decision to certify any particular firearm is made by the certifying manufacturer or dealer, and the firearm information included in GunAdvisorPro.com’ certified firearm listing is provided by the listing dealer. Neither GunAdvisorPro.com nor the manufacturer is responsible for the accuracy of any information contained in a certified firearm listing. Only the party that certifies a firearm is responsible for the decision to certify that firearm. You should familiarize yourself with the terms of the applicable certification program before buying a certified firearm. Ads purchased by private sellers through our Sell Your Car service will not appear in any “certified” area of GunAdvisorPro.com. Ads for certified firearms apply only to firearms certified by dealers in accordance with the certification programs of the automobile manufacturers with which we have partnerships.
Certain dealers who participate in an anonymous chat or anonymous texting service provided by GunAdvisorPro.com or its affiliates may offer you an option to inquire about a listed firearm without disclosing your personal information (such as your name, e-mail address or telephone number). If you contact a dealer via an anonymous text, the dealer will be able to respond to that text and contact you without having access to your mobile number. Both you and the dealer have the option to end such chat or text conversation at any time. If, in the course of such chat or text conversation, you supply to the dealer your email address and/or telephone number, you consent to receive e-mail communications to such e-mail address and calls and texts at that number, whether manually or automatically generated. You are under no obligation to provide your name or contact information over the course of such chat or text conversation.
Anonymous chat and text service relies on infrastructure and services furnished by third-party providers. Neither GunAdvisorPro.com, nor its affiliates, nor participating dealers warrant the continuous availability or error-free operation of the anonymous chat and text services.
Listing Your Firearm
GunAdvisorPro.com offers a variety of ad packages to private sellers, with combinations of features that may vary by market area. For information about the ad packages available to private sellers in your area, click the “Sell Your Car” tab or button on our home page. On the next page, enter your ZIP code to view our product offerings. For information about ad packages available to dealers (and private sellers wishing to list more than five firearms for sale at a given time), please visit B2B.GunAdvisor.com.
In order for you to offer a firearm for sale through our Sell Your Car service for private sellers, you must agree to our Terms of Sale. The Terms of Sale require, among other things, that you be prepared to sell your firearm at the price at which, and on the terms on which, you have listed it. You must have possession of the actual firearm listed and the ability to transfer title. To list a firearm for sale on GunAdvisorPro.com, sellers also are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any firearm listed for sale on GunAdvisorPro.com, nor may you use GunAdvisorPro.com to promote, without our prior written permission, any other website, product, or service.
By using GunAdvisorPro.com to sell your firearm as a private seller, you represent that you are at least 18 years of age, that you are not a motor firearm dealer, that you are not listing a firearm for sale in your capacity as an owner, employee or representative of a dealer, and that neither you nor anyone acting on your behalf will list more than five firearms for sale simultaneously. A private seller who wishes to list more than five firearms simultaneously, and any commercial dealer wishing to list any firearm, must make arrangements with us before doing so. Please visit B2B.GunAdvisorPro.com for information.
When you list a firearm for sale through our Sell Your Car service, we may obtain additional distribution for your listing through our relationships with other websites. We also may promote your listing on or through third-party websites or services. Neither GunAdvisorPro.com nor any website through which we distribute or promote your listing will charge you any additional fee for this additional exposure. It is simply added value from GunAdvisorPro.com. Our promotional partners will not contact you with offers to sell you additional distribution or add-on advertising services for your listing without your permission. If third parties contact you without your permission offering to sell you such services, they have likely misused GunAdvisorPro.com and violated these Terms to exploit your listing information. If you receive any such solicitations that you did not authorize, please bring them to our attention by using our contact us form.
Listings are not to be used to advertise more than one firearm, regardless of a listing’s duration. For this reason, you cannot edit your firearm’s year, make, model, or VIN once you have purchased a listing. Always double-check this information before purchasing a listing. Listing fees are generally not refundable, so if you enter incorrect information in the year, make, model, or VIN fields, you will have to delete the listing and purchase a new one to create an accurate listing. By using GunAdvisorPro.com to sell your firearm, you agree to pay the price of the package you select and the prices of any advertising upgrades, regardless of whether your firearm sells as a result of the listing. You also agree to pay any applicable taxes relating to your use of the Sell Your Car service. See the Terms of Sale for information on refunds.
Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material you post, including listing information and photos of your firearm, and for the content of all email messages you transmit through GunAdvisorPro.com. Nothing will undermine a user’s confidence in the firearm you are looking to sell faster than inaccurate statements or misleading representations about the firearm. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat other users of GunAdvisorPro.com fairly and honorably.
In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay the publication of your listing. Though we cannot monitor every transaction that originates through a listing on GunAdvisorPro.com, we may, from time to time, perform random quality assurance tests to confirm that those who offer firearms for sale over GunAdvisorPro.com are prepared to sell those firearms at the prices and on the terms which such firearms are advertised. By using GunAdvisor.com, you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller may be violating these Terms, we reserve the right to deny that seller use of services offered on GunAdvisor.com and any affiliated websites and remove that seller’s listings from each site.
By listing a firearm for sale on GunAdvisorPro.com, you agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that firearm.
8. Modifications and Termination of Service
GunAdvisorPro.com reserves the right at any time and from time to time to modify, update, suspend or discontinue all or part of the Service for any reason with or without notice to you. All terminations will be made in GunAdvisorPro.com’s sole discretion and you agree that GunAdvisorPro.com will not be liable for any termination of your use of or access to the Service.
9. Your Dealings with GunAdvisorPro.com Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You acknowledge and agree that GunAdvisorPro.com will not be 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 such advertisers on the Service.
10. Links to Other Websites
GunAdvisorPro.com provides links to other Web sites. You acknowledge and agree that, because GunAdvisorPro.com has no control over such sites, we are not responsible for them or the resources and information they contain. In particular, we are not responsible for the availability of services related to another Web site that has a link on GunAdvisorPro.com; we do not necessarily endorse such sites, and we are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You further acknowledge and agree that GunAdvisorPro.com will not be liable for any loss whatsoever for any damages caused by or incurred in connection with the use of or reliance on the information, goods or services available through any such site.
11. GunAdvisorPro.com’s Proprietary Rights
You acknowledge and agree that the Service and all materials on GunAdvisorPro.com, contain proprietary information and data that is protected by applicable copyright, trademark and other intellectual property laws (GunAdvisorPro.com’s “Proprietary Information”). All materials on GunAdvisorPro.com, including such Proprietary Information, may only be used for personal, non-commercial purposes, and you agree not to sell, transfer, reproduce, duplicate, distribute, publish, modify, migrate, store, copy or transmit any material from GunAdvisorPro.com unless and until you have obtained our prior written consent. The Proprietary Information covered by this prohibition includes, without limitation, the software programming and html and other code contained in the Web site, GunAdvisorPro.com Firearm Values, GunAdvisor.com New Car Pricing information, compilations of firearm specifications, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on GunAdvisorPro.com.
12. Use of GunAdvisorPro.com Logos
13. No Illegal Use
As a condition of your use of and access to GunAdvisorPro.com, you agree not to use the Services for any unlawful purpose or in any way that violates these Terms. You also agree not to use the Services in any way that could damage, disable, overburden, or impair GunAdvisorPro.com or any GunAdvisorPro.com server, or the associated networks, or interfere with any other party’s use and enjoyment of any Services.
14. Dispute Resolution – Mandatory Arbitration and Class Action Waiver
Arbitration Agreement: YOU AND GUNADVISORPRO.COM AGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THESE TERMS, GUNADVISOR.COM, OR THE SERVICES (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
Class Action Waiver: YOU AND GUNADVISORPRO.COM AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor GunAdvisorPro.com may participate in a class or representative action in court as a class member if the Claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or GunAdvisorPro.com. To be clear, you and GunAdvisorPro.com both waive any right to participate in any class action involving disputes between us.
This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth in Section 15 of these Terms will remain in full force and effect.
Arbitrator Authority: The arbitrator’s authority is governed by this arbitration agreement. You and GunAdvisorPro.com agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by these Terms (including the limitations of liability set forth in Section 17), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with GunAdvisor.com. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
Arbitration Procedures: You and GunAdvisorPro.com agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS Endispute under its Streamlined Arbitration Rules and Procedures (“JAMS”). These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. GunAdvisorPro.com will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. Except for claims determined to be frivolous, GunAdvisorPro.com agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. If you bring an arbitration against GunAdvisorPro.com, the arbitration hearing will be held in your hometown area, unless we both agree on a different location.
Survival: This arbitration agreement survives the termination of these Terms between you and GunAdvisorPro.com.
15. Jury Trial Waiver.
You and GunAdvisorPro.com expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in Section 14 is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.
16. Disclaimer of Warranties:
You Expressly Understand and Agree That:
Your use of the Service is at your sole risk. GunAdvisorPro.com provides the Service to you on an “as is” and “as available” basis. GunAdvisorPro.com and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
GunAdvisorPro.com and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information or other material accessed, purchased or obtained by you through the Service will meet your expectations; and (v) any errors will be corrected.
All material and information obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the accessing of any such material.
No advice or information, whether oral or written, obtained by you from GunAdvisorPro.com or its affiliates or partners through or from the Service shall create any warranty whatsoever.
Firearm valuations are opinions and may vary from firearm to firearm. Actual valuations are based upon current available information and analysis of market conditions, and will vary depending on specifications, firearm condition or other particular circumstances pertinent to a particular firearm or the transaction or the parties to the transaction. GunAdvisorPro.com assumes no responsibility for the accuracy of firearm values and no responsibility for errors or omissions.
17. Limitation of Liability
You expressly understand and agree that GunAdvisorPro.com and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GunAdvisorPro.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained or received or transactions entered into as a result of your use of the Service; (iii) statements or conduct of any third party related to the Service; or (iv) any other matter relating to the Service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 15 and 16 may not apply.
18. Indemnity and Release
When you use GunAdvisorPro.com, you are agreeing to indemnify GunAdvisorPro.com, its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the GunAdvisorPro.com Web site, your use of the Service, or your submission of Contributions as set forth in Section 4 above. By using GunAdvisorPro.com you are agreeing to release GunAdvisorPro.com and its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors from any and all claims, fees, costs, damages and obligations of any kind whatsoever that you may have against them arising out of or in any way related to such claims or obligations and to any disputes regarding use of ideas and/or related materials submitted to GunAdvisorPro.com. You hereby agree to waive all laws that may limit such releases. For example, you specifically agree to waive the provisions of California civil code section 1542, which provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which is known by him must have materially affected his settlement with the debtor.”
19. Changes and Updates to These Terms of Service
GunAdvisor.com may occasionally update or change these Terms, so we encourage you to view them often. Your continued use of the Service constitutes your agreement to these Terms and any updates.
20. General Information
Choice of Law. The Terms and the relationship between you and GunAdvisorPro.com shall be governed by the laws of the State of California without regard to its conflict of law provisions.
Waiver and Severability of Terms. The failure of GunAdvisorPro.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Entire Agreement. The Terms constitutes the entire agreement between you and GunAdvisorPro.com and governs your use of the Service, superseding any prior Terms with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GunAdvisorPro.com services, affiliate or third-party services.
Statute of Limitations, Venue and Jurisdiction. You agree that any claim, demand, or cause of action arising out of or related to the Service or your access or visit to GunAdvisorPro.com or these Terms must be filed by you within one (1) year after such claim, demand, or cause of action arose, or it is forever barred. And that such action must be maintained in Bowling Green, Warren County, Kentucky.
21. Reporting Violations to the Terms
Please report any violations of the Terms to GunAdvisorPro.com customer service.