User Agreement for GunTab Services
Last updated September 30, 2022.
This User Agreement is a contract between you, a User, and Lockeson Escrow Inc. ("Lockeson"), a Delaware company that provides transaction management and escrow services on and through GunTab ("Services"), This User Agreement defines the terms of your account creation and shall govern any Transaction (defined below) performed through GunTab.
IT IS IMPORTANT THAT ALL USERS READ AND UNDERSTAND THESE TERMS, THEY EXIST FOR USERS' PROTECTION.
Jump to section:
- "Background Check" refers to the National Instant Criminal Background Check System background check mandated pursuant to 18 U.S. Code § 922(t) et seq. for acquisition of a firearm.
- "Buyer" refers to a User paying to receive Merchandise in a Transaction.
- "Chargeback" refers to any effort by a User to cancel or reverse a transfer of funds authorized under the terms of this User Agreement.
- "Final Order Screen" refers to the webpage displayed on GunTab where both Buyer and Seller have provided all information pertaining to the Transaction.
- "Firearm Dealer" refers to any holder of a valid Federal Firearms License (FFL). Firearm Dealers are the only entities authorized to receive merchandise shipped pursuant to this User Agreement and requiring transfer through a Firearm Dealer. Each Firearm Dealer will retain the merchandise until the Background Check has been completed and the merchandise will then be transferred to the Buyer.
- "Funds Account" refers to any bank account, credit card, debit card, or other payment instrument that a User registers with GunTab from which GunTab may debit and/or credit funds pursuant to this User Agreement. Any Funds Account used by this Service must originate from a Bank Secrecy Act ("BSA") regulated institution. Funds Accounts originating from non-BSA regulated institutions are not considered valid accounts and their use shall constitute a material breach of the terms of this User Agreement.
- "Inspection Period" refers to the limited duration following delivery of a shipment during which the party receiving the shipment may file a dispute regarding the shipment or its contents.
- "Instructions" refers to any and all written or verbal guidance provided to Users by GunTab and Users' obligations under them. Failure to follow Instructions may result in a material breach of these User Agreement.
- "Merchandise" refers to the firearm(s), ammunition, or other good(s) for which the Buyer is paying the Seller to render through a Transaction.
- "Seller" refers to a User being paid to render Merchandise in a Transaction.
- "Transaction" refers solely to the purchase of lawfully owned Merchandise, by a Buyer who may lawfully purchase the Merchandise within the jurisdiction of the Buyer's residence and receipt, from a Seller who may lawfully own and ship the Merchandise, pursuant to the terms of this and any collateral agreement executed concurrently through GunTab. A Transaction is initiated when a Buyer and Seller both accept a Transaction Agreement.
- "Transaction Agreement" refers to a GunTab instrument, such as an Invoice from a Seller or an Offer from a Buyer, that specifies the terms of the Transaction: the Merchandise being purchased, the amount being paid, and any other relevant details of the Transaction. A Transaction Agreement initiates a Transaction.
- "User" refers to any party that accesses any part of GunTab to participate in a Transaction Agreement or a Transaction, including the Buyer, Seller, Firearm Dealer, and any agent duly appointed by Lockeson in order to facilitate the Transaction. Both the Buyer and Seller are required to be natural persons unless otherwise specified in the User Agreement and with the written consent of Lockeson.
- "User Data" refers to any User-specific information provided by the User, or collected or obtained by GunTab.
- Services and Eligibility.
- GunTab's Services are Internet-based transaction management services performed by GunTab and escrow services provided by Lockeson. Lockeson acts as the escrow agent in the Transaction by holding funds in a designated escrow account until the Transaction is completed and by acting as a fiduciary to the Buyer and Seller with the limited duty of ensuring that all elements of the Transaction have been met to the satisfaction of all parties. Lockeson disclaims any other fiduciary duties. The Services are intended to facilitate the completion of the Transaction under the terms of this User Agreement the Instructions for the Transaction.
- Services begin when a User accesses GunTab. Following the mutual acceptance of a Transaction Agreement by a Buyer and a Seller, GunTab begins managing the resulting Transaction immediately.
- Lockeson is a duly registered corporation in the State of Delaware. Although Merchandise purchased through GunTab may not enter the State of Delaware, and the underlying purchase may occur outside of the State of Delaware, all parties to a Transaction agree that their User Agreement with Lockeson has been formed and shall be executed within the State of Delaware and subject solely to the laws thereof. All parties hereby disclaim any other jurisdiction wherein they happen to reside or be domiciled for the purposes of litigation or any other legal action, including any diversity suit.
- Only registered Users may use the Services. In order to register as a User, an individual must supply all information requested by GunTab. Any attempts to enter misleading or false information in an attempt to use the Services shall constitute a material breach of this User Agreement and may constitute a crime.
- Applicable local, state and federal laws and regulations may further limit the Services.
- Permitted Users.
- Any party entering into this User Agreement must be a User as defined by this User Agreement. A User must be, and User hereby represents, warrants, and covenants that it is, lawfully capable of entering into this User Agreement, be lawfully permitted to own a firearm in its resident jurisdiction, and be either:
- A natural person at least 21 years of age of ordinary competence authorized to own and possess the Merchandise contracted for through these Services, or
- A company duly registered and authorized to use these Services and authorized to own and possess the Merchandise contracted for through these Services, or
- A trust whereby all parties to the trust (Trustee, Trustor, and beneficiary) are natural persons lawfully capable of entering into this User Agreement, as well as lawfully capable of owning and possessing the Merchandise contracted for through these Services.
- In order to initiate and commence a Transaction, all Users to a Transaction must register at GunTab and agree to all terms and Instructions.
- Prohibited Transactions.
- Users must not use GunTab or the Services in connection with any Transaction that is illegal or associated with any illegal purpose, or involves any item that is illegal or unlawfully possessed. GunTab may only be used to facilitate lawful transactions relating to the transfer of lawfully owned personal property by the lawful owner to a lawful buyer, pending any procedures mandated by law, including but not limited to a Background Check. Any attempt to use the Services for any unlawful purpose shall be considered a breach of this User Agreement by the User. Users agree to assume any and all of the legal costs and civil liabilities associated with any such unlawful purposes, agree to indemnify Lockeson against any third party for User's wrongful act(s), and understand that Users may be held civilly liable to Lockeson for any harm suffered by GunTab, its employees, officers, or agents for User's wrongful act(s).
- GunTab, in its sole discretion, may refuse to complete any Transaction that GunTab has reason to believe is unauthorized or made by someone other than the User, may violate any law, rule or regulation, or if GunTab has any other reasonable cause not to honor it.
- Users agree to indemnify, defend and hold GunTab harmless for losses resulting from any use or attempted use of the Services in violation of this User Agreement or any applicable Federal, State or local laws. Further, each User agrees to indemnify and hold GunTab, its parent company Lockeson, and any agents, officers, or employees thereof harmless for any harm suffered that is not within the scope of Lockeson's limited fiduciary duty relative to the Transaction. This shall include any harm that results from the use of the Merchandise, or any additional costs to Users as a result of the purchase or sale of the Merchandise.
- Any attempts by any User to use GunTab in order to facilitate the transfer or grant possession of a firearm or any other restricted item to any party that is not party to the User Agreement, or not lawfully permitted to own the items contracted for under federal, state, or local laws, or who intends to transfer the items to any such person, including any person prohibited from owning any such items under 22 U.S.C. § 2778 of the Arms Export Control Act, Export Administration Regulations, the Commerce Control List, or any other end-user prohibited under federal, state, or local laws shall be viewed as a criminal and civil issue and be reported to the appropriate authorities and prosecuted to the fullest extent of the law.
- General User Obligations.
- Users must provide current contact information to GunTab, and must update this information when it changes.
- Users must maintain adequate security and control of any and all login information used to access GunTab Services.
- Users must contact GunTab immediately if they have reason to believe an error has been made in a Transaction or that there has been unauthorized use of an Funds Account or the Services.
- Users authorize GunTab and its authorized agents to initiate both credit and debit Funds Transfers to their designated Funds Account(s) as necessary to satisfy the terms of this User Agreement, and to correct any errors that may arise.
- Users must submit to Lockeson's judgment, as escrow agent, in any dispute that may arise between the parties.
- Users must not initiate Chargebacks, or otherwise interfere with any transfer of funds that is authorized under this User Agreement, and must instead notify GunTab of any concern so that GunTab may investigate. Users agree that cancellation, reversal, or issuance of a chargeback on any transfer of funds that is authorized under this User Agreement should be considered a wrongful chargeback.
- Buyer User Obligations.
- Buyers must be lawfully eligible to own and possess the Merchandise described in the Transaction Agreement. Buyers must not propose or accept any Transaction Agreement, or participate in any Transaction, involving an item that would be illegal in the Buyer's jurisdiction of receipt or residence. It is the Buyer's responsibility to be familiar with the laws applicable in his jurisdiction.
- Buyer must designate a Funds Account from which the purchase price and any other amounts related to the Transaction will be obtained by GunTab. Buyer must maintain sufficient funds in this account to facilitate the Transaction.
- Buyer's Inspection Period begins when GunTab notifies Buyer the Transaction Merchandise has been delivered to the Firearm Dealer, and ends 3 calendar days after it begins. Buyer must notify GunTab of any dispute during the Buyer's Inspection Period. Buyer must follow the procedures set forth by GunTab in the event of a dispute. Buyer agrees that failure to notify GunTab of dispute during the Buyer's Inspection Period will be interpreted as the Buyer's acceptance of the Merchandise. Buyer agrees that Buyer's acceptance authorizes GunTab to disburse the escrowed funds (excluding applicable GunTab fees) to the Seller. Such disbursement will generally be initiated within 24 hours of the Buyer's acceptance.
- Buyer must familiarize himself with the policies of the Firearm Dealer that he has selected, including: additional charges, waiting periods, local laws pertaining to the transfer and registration of firearms, and the point at which a firearm left unclaimed at the Firearm Dealer may be considered abandoned. Please note that if an additional waiting period is required by the Firearm Dealer or under state or local laws, the Merchandise may only be transferred from the Firearm Dealer to the Buyer after the completion of such a waiting period.
- Seller User Obligations.
- Seller must be lawfully eligible to own, possess and ship the Merchandise described in the Transaction Agreement. Seller must not propose or accept any Transaction Agreement, or participate in any Transaction, involving an item that would be illegal in the Seller's jurisdiction of receipt or residence. It is the Seller's responsibility to be familiar with the laws applicable in his jurisdiction.
- Seller must ship the Merchandise described in the Transaction Agreement directly to the address of the Firearm Dealer chosen by the Buyer as instructed in the shipping instructions provided by GunTab.
- If the Transaction involves shipping based on a flat-fee cost or Seller-paid cost:
- Seller must provide GunTab with the tracking number of each shipment as soon as possible after shipping the Merchandise, or must report each shipment as delivered as soon as possible after delivery.
- Seller grants GunTab permission to act as its agent in communicating with the shipping carrier regarding the status of a shipment.
- Seller must ship the Merchandise within 2 business days of receiving shipping instructions from GunTab. In the event GunTab is unable to confirm with the shipping carrier that shipment has ocurred, Seller authorizes GunTab to return the escrowed funds to Buyer, and debit the seller's portion of GunTab's service fee from the Seller's Funds Account.
- In the event of a return of the Merchandise by Buyer to Seller:
- Seller's Inspection Period begins when GunTab notifies Seller the Transaction Merchandise has been delivered to Seller's designated Firearm Dealer, and ends 3 calendar days after it begins. Seller must notify GunTab of any dispute during Seller's Inspection Period. Seller must follow the procedures set forth by GunTab in the event of a dispute. Seller agrees that failure to notify GunTab of a dispute during the Seller's Inspection Period will be interpreted as the Seller's acceptance of the Merchandise. Seller agrees that Seller's acceptance authorizes GunTab to return the escrowed funds to the Buyer, and debit applicable GunTab fees from Seller's Funds Account. Such transfers will generally be initiated within 24 hours of the Seller's acceptance.
- In the event that the Buyer initiates a Chargeback, or otherwise interferes with any transfer of funds that is authorized under this User Agreement, the Seller agrees to provide any and all reasonable documentation and assistance to Lockeson for the purpose of proving the transfer of funds was lawful and authorized.
- In the event that a shipment is damaged in transit, and the Seller has not secured shipping insurance, the Seller agrees to be financially responsible for the cost of either return shipping or a discount mutually agreed with the Buyer, as decided by Lockeson.
- Our Obligations.
- GunTab is obligated to perform only those duties expressly described in this User Agreement and the Instructions. GunTab shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for gross negligence or willful misconduct. GunTab may rely upon any notice, demand, request, letter, certificate, agreement or any other document which purports to have been transmitted or signed by or on behalf of a User indicated as the sender or signatory thereof and shall have no duty to make any inquiry or investigation.
- GunTab will hold funds received from Buyer in an escrow trust account maintained by GunTab.
- Except as required by law, Lockeson shall not place any User funds in an interest-bearing account. Should Lockeson be required to place User funds into any interest-bearing account, Lockeson shall not retain any funds generated by interest. Any such funds shall be returned by Lockeson to the appropriate User.
- In the event that GunTab is uncertain as to GunTab's duties or rights under this User Agreement, receives any instruction, demand or notice from any User, government agency, or financial institution which, in GunTab's opinion, is in conflict with any of the provisions of this User Agreement, or any dispute arises with respect to this User Agreement or the escrowed funds, GunTab may:
- Consult with legal counsel. This may include staff attorneys of Lockeson, GunTab, or may include outside counsel. Users hereby consent to GunTab's action based upon the recommendations of legal counsel in order to act on behalf of both parties to the Transaction;
- Discharge our duties under this User Agreement by depositing all funds by interpleader action with a court of competent jurisdiction;
- Give notice of GunTab's intent to resign as escrow agent. Within five (5) days of providing any such notice, GunTab will return all fees associated with the Transaction. Following any such notice, and the subsequent reversal of all charges, Users agree that GunTab has discharged all of its duties under this User Agreement. Upon payment of the escrow funds pursuant to this User Agreement, GunTab shall be fully released from any and all liability and obligations with respect to the escrow funds and the Transaction.
- Cancel a Transaction.
- Users may not cancel a Transaction once a Transaction Agreement has been accepted by a Buyer and Seller.
- GunTab may cancel a Transaction if any User involved in the Transaction fails to follow GunTab's instructions, or at any time if the Transaction appears to violate this User Agreement.
- Should a User refuse or be unable to satisfy its duties in a Transaction, this User will bear the cost(s) of the Transaction in consideration for the services already rendered by GunTab and the reliance costs incurred by GunTab (e.g. If the Buyer refuses to pay after entering into a Transaction Agreement, the 2.9% fee normally paid by the Seller for services will be deducted from the Buyer's account instead).
- If a Transaction cannot be completed for any reason, including cancellation by GunTab for any reason, GunTab will notify by email each User that is party to the Transaction, at the email address each has provided to GunTab.
- A dispute may be filed with GunTab by one party to a Transaction if it believes the other party violated the terms of the Transaction.
- GunTab has the duty and sole authority to act as the arbiter of any dispute between the parties of a Transaction.
- All Transaction disputes must be filed with GunTab within the relevant Inspection Period. The right to dispute a Transaction expires at the end of the Inspection period.
A Buyer may file a dispute for the following reasons:
- "Not Received" (NR): The Buyer did not receive the item you paid for through GunTab.
"Significantly Not as Described" (SNAD):
The Buyer received an item you paid for through GunTab but it is Significantly Not as Described (SNAD).
An item is "Significantly Not as Described" (SNAD) if it is materially different from what the Seller described on its website or in the item listing.
Here are some examples:
- The Buyer received a completely different item. For example, the Buyer purchased a Remington but received a Mossberg or an empty box.
- The condition of the item was misrepresented. For example, the item was described as "new" but it is clearly used.
- The item was advertised as authentic but is not authentic.
- The item is missing major parts or features which were not disclosed in its description.
- The Buyer purchased three items from the Seller but only received two.
- The item was materially damaged during shipment.
An item is not Significantly Not as Described (SNAD) if it is materially similar to the Seller's item listing description.
Here are some examples:
- The defect in the item was correctly described by the Seller. (e.g. The item has minor scratches and was listed as "used" condition.)
- The item was properly described but the Buyer didn't want it after receiving it. (e.g. The Buyer has decided to purchase a different model of the same Merchandise.)
- The item was properly described but did not meet the Buyer's expectations. (e.g. The item was correctly listed with a weight of 8 pounds, but the Buyer expected it to feel lighter.)
- An item is "Significantly Not as Described" (SNAD) if it is materially different from what the Seller described on its website or in the item listing. Here are some examples:
- GunTab may request documentary evidence related to the Transaction in dispute, including detailed photographs of the item(s). The parties agree to promptly provide such evidence at GunTab's request.
- GunTab will issue a formal decision in the dispute within 30 days of collecting all necessary evidence.
- Funds Transfers
- GunTab charges a 3% convenience fee on credit card payments.
- GunTab may post operating rules related to funds transfers on GunTab and change such rules from time to time. It is User's obligation to check these changes prior to each Transaction.
- Since the use of bank accounts, credit cards, debit cards and other payment instruments, and the making of funds transfers with these instruments, may be limited by User's service agreement with User's financial institution and/or by applicable law, GunTab is not liable to any User if GunTab does not complete a Transaction as a result of any such limitation, or if a financial institution fails to honor any credit or debit to or from an Funds Account.
The User is responsible for reimbursing GunTab
for any unexpected fees that GunTab may incur
in attempting to conduct funds transfers using the payment account information the User provides,
- Fees incurred if User's account is expired, suspended or otherwise unusable.
- Fees incurred if User's account is not enabled for the type of funds transfer being attempted.
- Other fees related to attempting a funds transfer with an unsuitable payment account.
A wrongful chargeback occurs
when a party has used these Services after proposing or accepting a Transaction Agreement,
and later files a cancellation, reversal or chargeback with their financial institution
in order to recover funds it is no longer entitled to under this User Agreement.
Lockeson considers all wrongful chargebacks by a Buyer
as a deliberate theft of any Merchandise the Buyer may have received,
a breach of contract,
and a fraud perpetrated by the Buyer.
Lockeson reserves the right to take a variety of actions, including but not limited to:
- Reporting the theft of the Merchandise to the Buyer's local police department.
- Reporting the theft to the receiving Firearm Dealer, to be reported to the Bureau of Alcohol, Tobacco and Firearms per 27 CFR § 478.39a.
- Filing legal action against the Buyer for direct financial losses, subsequent damages, and punitive damages.
- Hiring a debt collection agency to pursue the return of the funds plus a chargeback management fee of $1,000.00.
- Reporting the incident to one or more chargeback abuser database(s) in an effort to prevent the Buyer from conducting business with any other merchants.
User agrees to reimburse all costs that GunTab may incur
as a result of filing a wrongful chargeback,
including but not limited to:
- Payment processor chargeback fees.
- Customer service representative time at a rate of $50/hr.
- Litigation fees associated with any court competent to exercise jurisdiction.
- Arbitration fees associated with an arbitration body elected by Lockeson.
- Lockeson is not liable to any User or third party for any additional charges incurred due to use of a Funds Account, including overdraft charges relating to inadequate funds in a Funds Account.
- Third Party Data.
- If User arrives at GunTab through entities linked and/or integrated with GunTab or otherwise by or through a third party such as an internet market, auction site or other form of online exchange, then User authorizes any such third party to transfer relevant data to GunTab to facilitate User's Transaction. User represent and warrant that all information User provides to GunTab or to any such third party will be true, accurate and complete.
- If User chooses to provide GunTab with login credentials for any third party service, User represents and warrants that User is lawfully in possession of these credentials and that they represent access to an account User controls and is not prohibited from sharing access to.
GunTab presently charges the following fees:
- Service fee of two point nine percent (2.9%) of the Transaction purchase price, in order to provide the Services and facilitate the Transaction, payable by buyer, seller, or equal split as elected.
- A chargeback management fee of $1,000.00 in the event that a User provides information to GunTab that results in a Chargeback.
- Unless otherwise agreed upon by each User in the Transaction, Seller agrees to pay GunTab's fees for the Services that are disclosed on GunTab at the time the Transaction is initiated.
- Once paid, GunTab fees are nonrefundable.
- GunTab's fees may change over time at GunTab's sole and absolute discretion. Any changes in fees charged by GunTab will appear in the Final Order Screen. GunTab is not responsible for collection or payment of any taxes (such as sales, income or property tax) or levies imposed upon User as a consequence of utilizing these Services.
- Affiliate Partners.
- Users with a verified bank account are eligible to be approved by GunTab as an Affiliate Partner and receive a commission of 20% of GunTab's service fee on successful transactions involving a user referred by the Affiliate Partner, during that user's first year using GunTab.
- Affiliate Partners cannot also be Integrated Partners, directly or through any intermediary.
- Affiliate Partners agree not to disparage GunTab or its Services at any time, including after termination of Affiliate Partner status.
- Affiliate Partners agree to immediately modify or remove any publicly-visible content they created or control upon GunTab's request.
- Affiliate Partner requirements and benefits may change at any time.
- An Affiliate Partner may terminate their status as Affiliate Partner at any time, for any reason. Likewise, GunTab may terminate an Affiliate Partner's status at any time, for any reason, including for causes including abuse, deception, etc. Terminated Affiliate Partners will continue to receive commissions unless terminated for cause.
- Integrated Partners.
- A company that GunTab considers to be in compliance with the Integration Partner requirements is eligible to be classified as an Integrated Partner and receive Integrated Partner benefits including revenue sharing of 10% of GunTab's service fee on successful transactions associated with the company's website URL.
- Integrated Partners cannot also be Affiliate Partners, directly or through any intermediary.
- Integrated Partner requirements and Integrated Partner benefits may change at any time.
- An Integrated Partner may terminate their status as Integrated Partner at any time. Likewise, GunTab may terminate an Integrated Partner's status at any time. Termination of Integrated Partner status stops all Integrated Partner benefits immediately, including revenue share payments that may have been issued otherwise.
- Marketplace seller fee partners.
- GunTab is partnered with Wasatch Firearm Network to simplify how sellers pay their marketplace fees. By using GunTab to complete any transaction that originated with a partner marketplace, sellers agree they want GunTab to split their disbursement to pay their marketplace seller fee to the partner marketplace.
- GunTab uses a variety of security mechanisms in order to ensure that User's confidentiality is maintained, and that User's personal data remains secured. All website traffic uses transport layer security (TLS) in order to encrypt and authenticate User's communications with GunTab.com and prevent outside parties from intercepting any such information.
- All payment information that is submitted to GunTab is transferred and stored via encrypted methods to ensure that no outside party is able to access User's personal billing or payment data.
- GunTab has strict internal protocols designed to prevent any unauthorized party, including non-essential employees of GunTab, from accessing, retaining, or distributing User's personal information.
- GunTab does not transfer or sell any data about User's Transaction or any data that has not had all personal information stripped from it.
- GunTab has implemented a security system requiring a User ID and a password to access User's Transactions on GunTab. User agrees not to give User's password to any other person or entity and to protect it from being used or discovered by any other party.
- In spite of these various security measures, User hereby acknowledges that no information transmitted over the internet can ever be one hundred percent (100%) secure, User agrees to indemnify Lockeson, its agents, officers, shareholders, and subsidiaries against any loss not to include criminal acts or gross negligence.
- Data Sharing.
- User agrees that GunTab may collect User Data including IP address.
- User agrees that GunTab may obtain User Data including geolocation.
- User agrees that GunTab may share User Data with third parties to which GunTab has delegated any rights and responsibilities, including the rights to perform escrow mangement, risk analysis, etc. User agrees that GunTab must share User Data as lawfully required by United States law enforcement agencies by warrant or other written mandate.
- User expressly agrees that User's use of the Services is at User's sole risk. The Services are provided on a strictly "as is" and "as available" basis. GunTab makes no warranty with regard to the underlying transaction, any items obtained by User through the use of the site or the services, that the services will meet User's requirements, or that the services or the site will be uninterrupted, timely, or error free.
- User expressly agrees that use of the Services does not ensure compliance with federal, state or local law, and that it is the User's responsibility to make all determinations regarding the legality of the User's transactions, including whether the User is required to be licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
- GunTab expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. GunTab shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by any Seller of Merchandise. No advice or information, whether oral or written, obtained by User from GunTab or through the Services shall create any warranty not expressly made herein.
- User acknowledges and agrees that GunTab does not endorse the website of any third party, or assume responsibility or liability for the accuracy of any material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby. In no event will GunTab be liable for any act or omission of any third party, including, but not limited to, User's financial institution, any payment system, any third party service provider, any provider of telecommunications services, Internet access or computer equipment or software, any mail or delivery service or any payment or clearing house system or for any circumstances beyond GunTab's control due to force majeure.
- Limitation of Liability.
- To the extent permitted by applicable law, neither GunTab nor its affiliates shall be liable for any damages in excess of the lesser of the (i) transaction amount; or (ii) $1,000.00.
- Termination of Services.
- GunTab may suspend or terminate User's use of the Services at any time, without notice for any reason, in GunTab's sole discretion. Except as warranted by risk to the security, privacy or integrity of the Services, GunTab will attempt to provide User with prior notice of the suspension or termination of the Services by sending User an email, but GunTab is not obligated to do so.
- User shall remain liable for all Transactions User initiates through the Services prior to such termination, and the performance of User's obligations, including but not limited to, the delivery of the Merchandise and the payment of all amounts User owes prior to termination or discontinuation of User's use of the Services.
- User agrees to pay all costs and expenses (including reasonable attorneys' fees) that GunTab may incur in order to (a) collect any amounts User owes under this User Agreement and the Instructions or (b) to initiate an arbitration or judicial proceeding to resolve a dispute between Buyer and Seller, as set forth in the Instructions.
- Non-Transferability of the Services.
- User may not assign this User Agreement or the Instructions to any other person or entity. User's right to use the Services shall not be sold or transferred to any other person or entity without the prior written consent of GunTab. GunTab may assign this User Agreement upon notice to User. Any assignment or transfer in violation of this provision shall be null and void.
- GunTab reserves the right to change this User Agreement, or any portion of it, at any time, without prior notice, provided that no such change will apply to a Transaction once the Users party to such Transaction have agreed to the Instructions. User understands that the most recent version of this User Agreement will be located on GunTab.
- Notices from GunTab to User will be given by email, or by general posting on GunTab. User may contact GunTab by filling out the customer support form or such other email address as GunTab posts as its address for notice on GunTab in the most recent version of the User Agreement.
- User agrees to indemnify, defend and hold GunTab, GunTab affiliates and their respective officers, directors, shareholders, employees and assigns, harmless from any claim, demand, expense or damage, including reasonable attorneys' fees and court costs, arising from or relating to User's use of the Services or any violation of this User Agreement, the rules contained on GunTab or the Instructions, including, without limitation, payment of GunTab fees and any charge backs from a card organization or reversal or nonpayment of any credit or debit entry.
- In particular, Seller represents and warrants to Lockeson the veracity of all shipments of Merchandise made as the result of a Transaction conducted through GunTab. Seller agrees to indemnify, defend and reimburse Lockeson in the event of a breach of this shipment commitment.
- In the event of any dispute, claim, question, or disagreement arising from or relating to this User Agreement or to the Transaction, or breach of any of them, User agree to resolve such dispute in the manner set forth in the Instructions.
- This User Agreement shall be governed by the laws of the State of Delaware, including the Escrow laws of that state. Any dispute shall be resolved pursuant to the Dispute Resolution and Governing Law/Venue provisions of the Instructions. This User Agreement in conjunction with the Instructions and rules contained on GunTab constitutes the entire agreement between GunTab and User relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications and/or advertising with respect to such subject matter.
- If there is a conflict between the terms and conditions of this User Agreement, the rules contained on the GunTab, and/or the Instructions, then the conflicting terms set forth in the Instructions shall control first, these User Agreement shall control second and the rules contained on GunTab shall control third. The Instructions are incorporated herein by this reference.
- GunTab's failure to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GunTab in writing.
- If any term or other provision of this User Agreement is invalid, illegal or incapable of being enforced by any law or strong public policy, all other terms and provisions of this User Agreement shall nevertheless remain in full force and effect for so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party hereto.
- GunTab may assign this User Agreement to any current or future affiliated company and to any successor in interest. GunTab also may delegate certain of GunTab rights and responsibilities under the User Agreement to independent contractors or other third parties.
- If User is a previous User of GunTab, then each use of these Services shall constitute and independent contract and assent to these User Agreement, as amended from time to time in GunTab's sole discretion, and evidence that User have read, understood and accepted the then applicable User Agreement.