END USER AGREEMENT AND TERMS OF SERVICE
Last Modified: December 27, 2016
1. As a condition of using the Just Guns App (the App), as described herein, You must agree to be bound by the terms and conditions contained in this End User Agreement and Terms of Service (the User Agreement), and to any future Amendments to this User Agreement, as set forth below. The terms and conditions of this User Agreement are a legal contract between You and JustGunsApp, LLC, a Florida Limited Liability Company (Just Guns), and apply to Your access and use of the App.
2. This User Agreement may be amended, modified or otherwise changed at Just Guns discretion at any time (collectively, the Amendments"). Such Amendments will be effective and binding upon posting to this App. If there are any Amendments that Just Guns determines to be substantial in nature, Just Guns will provide You with 30 days notice of such substantial changes before such substantial changes take effect. Upon the conclusion of such 30 days notice, the new Just Guns End User Agreement, and Terms of Service, as amended, will be binding on both You and Just Guns. If You do not agree with the modified terms, You must immediately then cease using the App. Your continued use of the App constitutes Your continued agreement to the terms and conditions herein, and as amended.
4. In order to use the App, You must meet, and do hereby certify by Your acceptance of this User Agreement and use of the App, all of the following conditions:
<![if !supportLists]> You are at least 18 years of age if You are purchasing a shotgun or a rifle, or are purchasing ammunition to use in a shotgun or rifle;
<![if !supportLists]> You are at least 21 years of age if You are purchasing a handgun, or are purchasing ammunition to use in a handgun; and
<![if !supportLists]> You are competent and have the capacity and authority necessary to enter into this User Agreement.
5. You understand, acknowledge and agree that:
<![if !supportLists]> Just Guns and the App only conduct transactions for law abiding citizens who are legally allowed to own, sell or purchase a firearm.
<![if !supportLists]> You are solely responsible for obeying all applicable enforcement mechanisms, including, but not limited to, federal, state, municipal, and tribal statutes, rules, regulations, ordinances, and judicial decisions, including compliance with all applicable licensing requirements.
<![if !supportLists]> Some items, such as handguns and ammunition, may not be legal to ship to Your State. It is Your responsibility to check your local and state laws prior to placing an order, and You are solely responsible to ensure the firearm, ammunition or accessory You are purchasing or offering for sale is legal for You to own or sell in Your state or jurisdiction. By checking the I Agree box provided at the end of this User Agreement, You agree that You are legally allowed to own and sell the items You are purchasing, or offering for sale, through the App.
<![if !supportLists]> You will not use the App for any illegal purpose. If You are unsure about firearm sales or transfers, You will contact the Bureau of Alcohol, Tobacco, Firearms, and Explosive at 1-800-ATF-GUNS, and visiting the ATF website at http://www.atf.gov.
<![if !supportLists]> All firearms will ship directly to a Federal Firearm License Dealer (the FFL Dealer) of the purchasers choosing, and the purchaser must physically go to the selected FFL Dealer who will perform the proper background check on the purchaser, in compliance with the state, federal and local laws pertaining to that FFL Dealer.
6. Termination. Just Guns, and its licensors, reserve the right to change, supplement, modify (including without limitation appearance), or suspend, limit, remove, disable or permanently discontinue Your access to or use of, the App at any time without notice or liability. If You violate any of the terms and conditions contained in this User Agreement, Just Guns may, in its sole discretion and without notice from Just Guns, terminate the license granted to You hereunder to access and utilize the App, and may permanently prohibit You from accessing or using the App. In that event, You must cease all use of the App, and destroy all copies, full or partial, of the App. Moreover, depending on the nature and severity of the violation of the terms and conditions of this User Agreement, Just Guns may avail itself of such remedies as are prescribed by law. While Just Guns ABSOLUTELY BELIEVES AND CHAMPIONS the right of the people to keep and bear Arms, Just Guns will comply with federal, state, municipal, and tribal law enforcement entities pursuant to the Constitution of the United States and Due Process of Law.
7. Scope of License. The license granted to you for the App is limited to a non-transferable license to use the App on a mobile device(s) which You own or control. Such license does not allow You to use the App on any device that You do not own or control (or for which You do not have authorization to install or run the App, such as where prohibited by applicable security policies in the case of corporate users), and You may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App). Any attempt to do so is a violation of the rights of Just Guns and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Just Guns that replace and/or supplement the App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. THE APP IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. JUST GUNS RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.
8. No Amendment of Existing Terms and Conditions. The terms and conditions of this User Agreement do not amend, change or replace any other notices or information that You may receive in connection with your access and use of the App. In case of any conflict between the terms and conditions of this User Agreement and any other notices or information You may receive in connection with the App, the terms and conditions of this User Agreement shall control.
9. Collection and Use of Data. You agree that Just Guns may collect the following information periodically and without further notice to You as a result of Your use of the App: technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals. You agree that Just Guns use of this information is governed by the Just Guns Privacy Statement.
10. Objectionable Materials. You understand that by accessing or using the App, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to access and use the App at Your sole risk and that Just Guns shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
11. Third Party Materials. The App may display, include or make available content, data, information, applications or materials from third parties, or provide links to certain third party web sites (collectively, the Third Party Materials). You acknowledge and agree that Just Guns is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Just Guns does not warrant or endorse, and does not assume and will not have any liability or responsibility to You or any other person, for any Third Party Materials, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Just Guns urges You to ensure you understand these risks before relying upon, using, or retrieving any such information in connection with any Third Party Materials. You should also be aware that the confidentiality and privacy provisions applicable to any Third Party Materials may be different from those provided herein or in the Just Guns Privacy Statement, and Just Guns is not responsible for such provisions relating to any Third Party Materials, and expressly disclaims any and all liability related to such provisions.
12. Linked Internet Sites. Just Guns prohibits caching, unauthorized hypertext links to the App and the framing of any content available through the App. Just Guns reserves the right to disable any unauthorized links or frames, and specifically disclaims any responsibility for the content available on any other Internet sites linked to the App. Access to any other Internet sites linked to the App is at Your own risk. You User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this User Agreement.
13. Location Data Disclaimer. Mapping or location data provided by the App is for basic navigational and/or informational purposes only and is not intended to be relied upon in situations where precise location information is needed, or where inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Just Guns, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed through the App.
14. Proprietary Materials. You agree the App may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the App. The trademarks, logos and service marks displayed on the App are the property of Just Guns, its trademark licensors or other parties and used with permission (the "Marks"). You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the express written permission of Just Guns or such third party which may own the Marks. No portion of the App may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the App in any manner, and You shall not exploit the App in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the App in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Just Guns is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the App.
15. No Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PROVIDED THEREUNDER ARE PROVIDED AS IS AND AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND JUST GUNS AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES PROVIDED THEREUNDER, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. JUST GUNS AND ITS SUPPLIERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVIDED THEREUNDER PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ACCESS AND USE OF THE APP OCCURS ACROSS THE NETWORKS OF A NUMBER OF WIRELESS SERVICE PROVIDERS. JUST GUNS DOES NOT OPERATE THESE NETWORKS AND HAS NO CONTROL OVER THE OPERATIONS OF THE WIRELESS SERVICE PROVIDERS. JUST GUNS WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE TRANSMISSION, COMMUNICATION, POST, OR TRANSACTION OR OTHERWISE INTERFERE WITH THE INTEGRITY THEREOF, INCLUDING, WITHOUT LIMITATION, UNAVAILABILITY OF WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. JUST GUNS DISCLAIMS ANY RESPONSIBILITY FOR ANY WIRELESS SERVICE USED TO ACCESS AND USE THE APP. USE OF THE APP WIRELESSLY MAY INVOLVE THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION ACROSS THE NETWORKS OF WIRELESS SERVICE PROVIDERS. BECAUSE JUST GUNS DOES NOT OPERATE OR CONTROL THE WIRELESS NETWORKS USED TO ACCESS THE APP, JUST GUNS CANNOT GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS DATA TRANSMISSIONS. ADDITIONALLY, THE WIRELESS DEVICE BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS INTERNET SERVICE PROVIDER. CHECK WITH YOUR SERVICE PROVIDER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM JUST GUNS OVER THE INTERNET FROM A MOBILE DEVICE, JUST GUNS RESERVES THE RIGHT TO LIMIT SUCH CONNECTIONS TO SECURE SESSIONS THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY (TLS). JUST GUNS WILL TREAT YOUR DATA IN ACCORDANCE WITH THE JUST GUNS PRIVACY STATEMENT. JUST GUNS DOES NOT CHARGE FOR USE OR ACCESS OF THE APP. HOWEVER, YOUR WIRELESS SERVICE PROVIDER (INCLUDING WITHOUT LIMITATION ANY ROAMING WIRELESS SERVICE PROVIDER AND ANY WIFI HOT SPOTS) MAY LEVY FEES OR CHARGES FOR TRANSMISSION OR RECEIPT OF MESSAGES AND OTHER COMMUNICATIONS PERFORMED USING YOUR EQUIPMENT ON THE WIRELESS SERVICE PROVIDER NETWORK, AND YOU ARE SOLELY RESPONSIBLE FOR SUCH CHARGES.
16. Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, IN NO EVENT SHALL JUST GUNS, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, ATTORNEYS IN LAW OR IN FACT, OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, IN CONNECTION WITH OR ARISING OUT OF THIS USER AGREEMENT, OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF JUST GUNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JUST GUNS TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU PAID FOR THE APP OR ONE DOLLAR ($1.00), WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Limitation of Liability for Third Party Services Arranged Through the App. YOU AGREE THAT JUST GUNS IS A MERE AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH THE APP. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE SITE BY ANY THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS ARE LIMITED TO CLAIMS AGAINST ANY AND ALL THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS. JUST GUNS HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, INCLUDING BODILY INJURY, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTY SERVICE PROVIDER OR ADVERTISER THROUGH THE APP, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH THIRD PARTY SERVICE PROVIDER OR ADVERTISER, AND YOU HEREBY EXONERATE JUST GUNS FROM ANY LIABILITY WITH RESPECT TO THE SAME.
18. Indemnification. You shall indemnify and hold Just Guns, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers, employees and suppliers, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Your use of the App. You must use Your best efforts to cooperate with Just Guns in the defense of any such claim. Just Guns reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any such matter, subject to indemnification by You.
19. Governing Law, Jurisdiction. This User Agreement, and any and all claims arising out of or in connection with the terms and conditions of this User Agreement and Your use of the App, shall be governed by and interpreted under the laws of the State of Florida. Any action arising out of any of the terms and conditions of this User Agreement shall be brought only in the Seventeenth Judicial Circuit in and For Broward County, Florida.;