Current User Agreement

GunBroker User Agreement

Updated Effective as of April 6, 2026

(see previous version and summary of changes)

GunBroker is the largest online marketplace dedicated to firearms, hunting, shooting and related products. Aside from merchandise bearing its logo, GunBroker currently does not sell any of the items listed on its website. Third-party Sellers list items on the Site and Federal and state laws govern the sale of firearms and other restricted items to interested Buyers. Launched in 1999, GunBroker provides an informative, secure, and safe way to buy and sell firearms, ammunition, air guns, archery equipment, knives and swords, firearms accessories and hunting/shooting gear online and provides related information to both Buyers and Sellers. GunBroker promotes responsible firearm ownership. A wholly owned subsidiary of Outdoor Holding Company, Outdoors Online, LLC dba GunBroker is headquartered in the State of Georgia.

This User Agreement is a contract defining the rights and obligations of Users of the Site, whether those Users are Buyers, Sellers, or browsers.

Among the rights and obligations addressed herein are the following:

• LIMITATIONS ON THE LEGAL LIABILITY OF GUNBROKER (See Section 11)
• MANDATORY RESOLUTION OF ALL CLAIMS THROUGH BINDING ARBITRATION ( See Section 14).
• WAIVER OF ANY RIGHT TO PURSUE CLASS ACTIONS (See Section 14)
• WAIVER OF CLAIMS AGAINST US FOR DISPUTES USERS MAY HAVE WITH THIRD PARTIES WITH WHOM USER ENTERS INTO DIRECT AGREEMENTS IN THE COURSE OF USING THIS SITE
• AGREEMENT TO REIMBURSE FOR DAMAGES TO GUNBROKER AND OTHERS DUE TO USER VIOLATIONS OF THIS USER AGREEMENT.
• PLEASE READ CAREFULLY THE PERMITTED TIME FOR FILING AN ACTION PROVISION IN SECTION 12 AND ARBITRATION PROVISION LOCATED IN SECTION 14

SECTIONS OF THIS AGREEMENT (TABLE OF CONTENTS)

This Table of Contents is provided for User’s convenience. By using this Site in any manner, User represents to GunBroker that User agrees to all of the provisions of this Agreement.

            1. User’s Agreements Prior to Using the Site

            2. Defined Terms

            3. Registration and User’s Account

            4. Fees for Use of the Site

            5. GunBroker’s Role in Listing and Sale of Items

            6. Unregistered User’s Covenants to GunBroker

            7. Users Covenants to GunBroker

            8. Buyer’s Protection Program

            9. Payments and Other Third-Party Activities

            10. Content, Intellectual Property and Restrictions on Use of Site

            11. GunBroker’s Limits of Liability

            12. Permitted time for filing an action

            13. Governing Law and Dispute Resolution

            14. Mandatory Arbitration and Class Action Waiver

            15. General Provisions

PLEASE READ ALL SECTIONS OF THIS USER AGREEMENT CAREFULLY. DO NOT ENTER OR USE THIS SITE UNLESS YOU HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS. IF ANY USER ENTERS OR USES THIS SITE, THE TERMS HEREIN BECOME BINDING ON THAT USER, WHETHER OR NOT THEY HAVE READ THEM.

1. Users’ Agreements Prior to Using Site

BEFORE USING THIS SITE, USERS MUST AGREE that by using www.GunBroker.com (or other sites under this agreement, including those listed here,) all collectively referred to as the “Site.” Each User agrees that the following terms should guide the User’s use of the Site and the Services offered on the Site, as well as GunBroker’s responsibilities toward the User. Before using the Site or creating a User account, each User must read and accept all of the terms contained in, linked to, and incorporated into this GunBroker User Agreement (hereafter “Agreement” or “Contract”) when registering a user account. User signifies acceptance of the terms herein by accessing, using, or browsing, this Site with an understanding that GunBroker will rely on this indication as acceptance of this Agreement, in any of the following manners: by accessing or Using this Site, by doing business on this Site, or by affixing User’s electronic signature, or signifying their acceptance by otherwise indicating assent to this Agreement. By completing any of the foregoing manifestations of consent, each User represents to GunBroker that he/she has read this entire Agreement, as well as the linked pages of the Site incorporated herein and made a part hereof, and agree that the terms of this Agreement will apply whenever User uses the Site and/or its related services in any way.

For information on how GunBroker collects, uses and shares any personal information, please see our Privacy Policy. If a User resides outside of the European Economic Area, such User’s acceptance of this User Agreement constitutes its consent to the processing activities described in our Privacy Policy under the laws of that User’s jurisdiction.

2. Defined Terms.

Terms when used in this Agreement have the meanings set forth below:

“Affiliate” means, with respect to an entity, another entity or individual that now or later owns, is owned by or is under common ownership or control with, directly or indirectly, the first entity. For the purposes of the foregoing, “own”, “owned”, or “ownership” means ownership, either directly or indirectly, of fifty percent (50%) or more of the shares or other equity interests entitled to vote for the election or directors or an equivalent body, or the ability to direct the same by contract or agency or similar arrangement.

“Agreement” is used in this document to refer to this User Agreement and its related policies, rules and covenants.

“Aggregated Data” means aggregated data derived from User Information and transaction information from the Site, which data cannot be used to identify any User of the Site.

“Ammunition” has the meaning given in the Gun Control Act of 1968, 18 U.S.C. §§ 101 et seq.

“Applicable Law” or “Applicable Laws,” means all laws, which shall include all statutes, regulations, administrative rules or executive orders, as well as requirements of any country, state, locality, province, municipality or other government authority or regulatory agency (hereafter collectively referred to as “Laws”), applicable to GunBroker or User in User’s use of the Site or the Services. Applicable Laws shall include, without limitation, those relating to: (i) the sale, transfer, shipment and/or transport of any Item (including Firearms, Ammunition, black powder or any other Item); (ii) export or import control laws, regulations or rules (including US Sanctions Laws) regarding Items and payments by User; (iii) the collection, use or storage of personally identifiable information; (iv) consumer protection laws, including but not limited to the FTC Act, the Consumer Financial Protection Bureau statute (also known as “Dodd Frank”), Federal Communications Commission statutes and regulations, among others; (v) property or Intellectual Property laws; (vi) taxation of any person or entity; and/or (vii) duties or tariffs, presence or licensing of brokers; (viii) commercial and contract law; (ix) telemarketing law; (x) privacy law in effect at the time of the relevant conduct; (xi) advertising and marketing law.

“Automated calls or text messaging” means calls, text messages, or other electronic messaging from us, including recorded voice messages, auto-dialed calls, text messages, or calls and messages placed by other automated technologies currently in existence or hereafter developed, transmitted with the legally required consent, if any, determined by laws in effect at the time electronic messaging is transmitted.

“Buyer” means a Registered User who interacts with a Listing or Item, places a bid, makes an offer, or completes a purchase related to a Listing on the Site.

“Buyer’s Protection Program” means the Buyer’s Protection Program offered by GunBroker to Buyers.

“Company” means the Users’ company, or other business or governmental entity identified with User in interacting with the Site or specified upon registration as a User of the Site.

“Consent to this Agreement” means Users’ consent to this agreement, accepting each and every one of the provisions without exception, as evidenced by Users doing any or all of the following: (i) checking the box where User agreed to this User Agreement and acknowledged reading our Privacy Policy; (ii) using the Site or Linked Sites; (iii) creating a User Account; or (iv) otherwise indicating consent to enter into this User Agreement.

“Content” means materials appearing on the Site or Linked Sites, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, Listings, Submissions, advertising, and other materials (in whatever form or medium).

“FFL” means a Federal Firearms Licensee defined in the Gun Control Act of 1968, 18 U.S.C. §§ 101 et seq. FFLs are by law the only persons who may legally engage in manufacturing, importing or dealing in firearms. An FFL is required for most GunBroker transactions involving firearms.

“Fees” means the fees assessed by GunBroker for Services used by Users, as described on this Fees page, which is hereby incorporated into this Agreement, as further explained in Paragraphs 4(a), 4(b) and 4(c) of this Agreement. Fees may include, without limitation, Buyer’s Service Fee, Final Value Fee paid by Sellers, reimbursement of certain inspection and other expenses to GunBroker under the Buyer’s Protection Program, as well as assessments for past due accounts. Assessed fees may change from time to time to reflect market realities.”

“Firearm(s)” has the meanings given in the Gun Control Act of 1968, 18 U.S.C. §§ 101 et seq.

“GunBroker” is a dba of Outdoors Online, LLC, which owns and operates the GunBroker.com website. In this User Agreement, GunBroker may also be referred to as “we,” “us” or “our.”

“GunBroker Parties” means GunBroker, its Parent company (Outdoor Holding Company), Affiliates, and their respective officers, directors, employees, agents and third-party licensors.

“GunBroker Privacy Policy” or “Privacy Policy” means the company Privacy Policy which may be found at GunBroker Privacy Policy, and which is incorporated in this Agreement for all purposes.

“Intellectual Property” means any and all rights of a party in and to such party’s patents, copyrights, trademarks, trade secrets, trade dress, mask works, publicity rights and other such rights, existing, from time to time, in any applicable jurisdiction under patent law, copyright law, moral rights law, trade secret law, semiconductor chip protection law, trademark law, service mark law, unfair competition law, or other similar Applicable Law.

“Item” means Firearms, Ammunition, and other items appearing in a Listing or advertisement on the Site.

“Linked Sites” means sites reached by hyperlink.

“Listing” means a Seller’s description of an Item for sale on the Site, including all Content referenced therein.

“Optional Services” means optional listing enhancements offered by the Site at additional cost to Seller.

“Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with a consumer or household, including name, address, Social Security Number or similar identifier, account numbers, and certain metadata broadcast by electronic equipment.

“Post/Posting” means text, graphics, pictures and other Content that Users may post on the Site, including for Sellers, any of Seller’s Listings.

“Registered Users” means Users who have registered to use this Site.

“Seller” means a User who posts a listing on the Site with the intention to sell or solicit bids for the sale of items.

“Services” means the services made available through the Site to Buyers, Sellers and Users.

“Site” means www.GunBroker.com, any of its sub-domains, or that of its parent company or Affiliates.

“Submissions” refers to comments, reviews, feedback, postcards, suggestions, ideas, and other communications with or through the Site, made in connection with User’s use of the Site.

“Support System” means the user support system that may be accessed on the Site, located at https://support.GunBroker.com/.

“Transfer” means the legal transfer of a Firearm to a buyer performed by an FFL, after the process of compliance with federal and state laws for the sale of a Firearm, including background check.

“Undertaking” means a formal pledge or promise made by one party (i.e., a User) to a contract (this Agreement), knowing that the other party (GunBroker and its affiliates) will rely on that promise to their detriment in performing their duties under the contract.

“Unregistered Users” means Guests, users of the Help and chatbot facilities including Casual Users, and other visitors or browsers etc.

“User” or “Users” means any individual or entity that accesses, browses, registers with, or otherwise uses the Site in any manner, including Casual Users, Unregistered Users, Registered Users, Guests, and any other visitors. “User” may include the User’s Company, if any, and the User and their Company are jointly and severally liable for obligations under this Agreement. “User” may include the User’s Company, if any, and the User and their company are jointly and severally liable for any obligations under this Agreement.

 “User Information” means all information Users provide to us about themselves or their Company (including name, address, email address, mobile phone number and other information associated with their User account) for the purposes of identification, verification, registration, or as volunteered by a User for its own reasons.

“US Sanctions Law” may apply to persons who are (i) buying or selling items internationally, (ii) nationals of or located in any country under sanctions by the US, (iii) violating U.S. export controls or selling any item subject to sanctions or embargo, (iv) listed on the Excluded Parties List System, Specially Designated Nationals List, or Denied Persons List, or named in any other prohibitive or restrictive list, (v) using or accessing the Site on behalf of a party who is on those lists, or (vi) otherwise subject to sanctions under U.S. sanctions laws, including but not limited to Code of Federal Regulations, Title 22, Subchapter M, part 120 et. seq., laws and regulations of the U.S. Treasury Department including the Office of Foreign Assets Control; and laws and regulations of the U.S. State Department. Users who have any questions about “Sanctions Law” are strongly advised to seek legal counsel before entering any transactions.

“You” means both (i) the individual registering as a user of the Site or the existing user of the Site now agreeing to this Agreement, as the case may be, and (ii) if applicable, your Company. You and your Company, if any, shall be jointly and severally liable for your obligations under this Agreement.

3. Registration

a. Users. A User may take advantage of the information offered on this Site without becoming a Registered User. There are benefits to registration, including advantages in buying and selling on the Site, as well as receiving informational and marketing emails from Partners, with User’s consent. You will not be able to buy or sell on the Site if you do not register. However, every User agrees by their access and use of the Site to the terms and conditions set out herein in this Agreement.

b. Registered Users: Eligibility and Accuracy of Information. By registering for an account or using the Site, Users affirm that they are at least 18 years of age and are over the age of legal majority in their state or country of residence, if different, whichever is greater. Users represent and warrant that they are not prohibited by Applicable Law from owning or possessing firearms or ammunition. Users must provide true and accurate Information about themselves on the registration form. It is Users’ responsibility to keep this information up to date. If a User registers on behalf of a company, then each time that User uses the Site, they represent to GunBroker that they have sufficient legal authority to form binding contracts under Applicable Law on behalf of their Company.

Users agree that they will not allow others to use their account, nor will they use their own account or the Site on an outsourcing basis or on behalf of third parties. Users also agree not to try to use the Site if User is temporarily or permanently suspended from using the Site. Users agree that they are responsible for maintaining the confidentiality of their own User ID and password and that they will not share that information with others. Users agree that they must notify GunBroker immediately if they become aware of any unauthorized use of their User ID and password or any other breach of security relating to their User ID and password and the Site.

c. Termination and Suspension. GunBroker agrees to provide Users access to the Site and the services available on the Site only as authorized in this Agreement, the Privacy Policy and other Linked Sites. If Users seek to become a Registered User, we reserve the right at our sole discretion to reject User registration requests, and, if electing to do so, shall notify Users of the decision. Even after acceptance, we may in our sole discretion terminate or suspend User’s accounts and their ability to use the Site, with or without cause and without prior notice. If we believe a User’s actions may cause us or other Users legal liability, harm, or loss, we reserve the right to notify other Users at risk of harm. Should a User object to any of the terms of this Agreement or any subsequent modifications thereto or become dissatisfied with the Site and related Services in any way, or should a User decide for any reason that they cannot or will not continue to honor their covenants as a User, Registered User or Advertiser, that User must immediately: (i) discontinue use of the Site and Services; (ii) terminate their User account; and (iii) notify us of termination. Users may terminate this Agreement and their account by notifying us in accordance with the “Notices” section below. Terminating use of the Site and/or terminating Registration does not terminate a User’s obligations under this Agreement with respect to the provisions of Paragraphs 3 (Registration), 4 (Fees for Use of the Site), 5 (GunBroker’s Role in Listing and Sale of Items), 8 (Buyer’s Protection Program), 9 (Payments and Third Party Activities), 10 (Content, Intellectual Property and Restrictions on Use of Site), 11 (GunBroker’s Limits of Liability), 13 (Governing Law and Dispute Resolution),  14 (Mandatory Arbitration) or 15 (General Provisions). Nor does a User’s termination or cancellation of use or registration affect any active transactions that may have pending, or any pending financial obligations, or other uncompleted business. User accounts will be deemed inactive and closed if there is no activity on the account for one year. We may charge an inactivity fee, as set out on the Fees page, if you do not use your account and there is no activity on the account for more than a year. In the event a User account is closed or terminated, it will be marked inactive in our systems, but we cannot delete User Information or transaction history, unless required or until allowed by Applicable Law. Upon account closure, User information will be retained or destroyed in accordance with Applicable law and GunBroker’s data retention policies.

d. Changes to Agreement. We reserve the right, in our sole discretion, to amend and supplement this Agreement (including the Privacy Policy and any other document incorporated herein). If we make material changes to this Agreement, we will notify Users by providing notice in our communications or on this Site, and by posting the revised terms on our Site, or as otherwise permitted by law. Users’ continued use of the Site and/or Services after such changes are posted will constitute their agreement to such amended Agreement.

e. Consent to Use Social Security Number. In certain circumstances, we may request that you provide your Social Security Number (“SSN”) for purposes of identity verification, fraud prevention, or compliance with applicable laws. By providing your SSN, each User agrees to allow GunBroker to transmit their SSN to a trusted third-party vendor. Any SSN Users provide will be transmitted directly to a trusted third-party service provider engaged to perform the verification, fraud prevention, and compliance measures. GunBroker does not store, retain, or maintain your SSN following completion of the verification process, and the SSN is not accessible to the Company after submission.

f. Consent to Use User’s Phone Number. By providing their phone number to this Site, or by expressly giving their agreement and/or consent, Users agree to the following terms:

• Consent to Certain Calls/Texts. By voluntarily providing their telephone number(s) to this or the Linked sites, or by indicating their consent in any other manner, Users signify their express prior written consent to receiving calls, text messages, or other electronic messaging from us, including recorded voice messages, auto-dialed calls, text messages, or calls and messages placed by means of other automated technologies currently in existence or hereafter developed (collectively hereafter “automated calls or text messaging”), including messaging related to User accounts, registration, changes and updates to the Site, service outages, any transaction with us, relationship with us or another User, and marketing and promotional messaging. By providing their phone numbers voluntarily, Users agree to affirmatively “Opt-In” to receive the aforementioned automated calls or text messaging even if their telephone numbers are registered on any state, federal, or company-specific Do Not Call list. Users agree that we may obtain, and expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided to GunBroker. Users understand that they do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services.
• To opt out of receiving automated calls or text messaging, or otherwise manage choices, Users should please see this hyperlink:  GunBroker Privacy Policy.
• Carrier Charges Are the User’s Responsibility. GunBroker and its Affiliates charge no fee to transmit messages to User through any medium. However, Users may incur a charge for these calls or text messages from their mobile carrier, financial responsibility for which will be the User’s sole responsibility. User agrees to check their telephone plan or contact their carrier for details.

4. Fees for Use of the Site

a. Fees. By conducting business or using Services on this Site or the Linked Sites, each User agrees to pay the applicable Fees for using the Site and Services, if any, including processing, service, and administrative fees. Fees for buying on the Site may include, but are not limited to, a Marketplace fee. Fees for selling on the Site may include, but are not limited to, final value fees, as well as payment processing and related fees. Users understand that except as otherwise stated in this Agreement, to the fullest extent permitted under Applicable Law, ALL FEES PAID TO US ARE NON-REFUNDABLE except as expressly stated in this Agreement (including Section 8) or required by Applicable Law. Applicable fees are disclosed in greater detail on the Fees page. GunBroker reserves the right to set off any amounts owed against credits, refunds, or other payments due to Users. GunBroker must collect and remit taxes to taxing authorities as required under Applicable Laws.

b. Payment Methods. Sellers on the Site are required to have a valid payment method associated with their accounts in order to conduct sale transactions on the Site. Users authorize us to collect any Fees from such Sellers which are accrued as a result of using the Site. Users authorize us to consolidate balances from any duplicate accounts that User may have created on the Site and collect from any such active duplicate accounts. Users may revoke their authorization by sending us a written request to GunBroker, P.O. Box 2511, Kennesaw, Georgia, 30156, or by submitting an electronic ticket to the GunBroker Help Desk. We will continue to bill for any fees accrued by Users prior to the receipt of a written revocation without regard to later revocation.  

c. Past Due Accounts. If User is a Seller and their account carries a past due balance, we reserve the right to void, suspend and/or terminate Listings at GunBroker’s sole discretion, and may terminate User accounts. If Seller account balances are more than 30 days past due, we reserve the right to cease providing any services to the Seller, to void any promotional offers, including free or discounted Listings previously available, and to report the User’s transaction history to credit agencies. Accounts that are, or have been, past due will have their Site credit limit reduced to zero. Except in the case of legitimate disputes, as determined in the sole discretion of GunBroker, Users agree by conducting business on this Site or the Linked Sites, to pay a late fee of 1.5% per month or the highest amount permitted by Applicable Law, whichever is lower, for any balances due GunBroker. If Users fail to pay the past due amounts, at our sole discretion, we may turn the accounts over to a collection agency and we reserve the right to pursue legal action to the fullest extent allowed under Applicable Law. Should User accounts be assigned to a debt collector or attorney for collection after default, Users agree to pay, in addition to the amounts owing under this Agreement, all reasonable attorneys’ fees, plus all other costs and expenses of collection and enforcement, including any fees incurred by us in connection with such proceedings or collection. Termination of User accounts in any manner does not act as a waiver of any amounts owing to the Site, the Linked Sites, or to any person with whom the User has pending transactions through the Sites.

5. GunBroker’s Role in Listing and Sale of Items

User agrees that the conditions set out below apply to every transaction on GunBroker:

a. Only a Marketplace Venue. By registering or using this Site, Users signify their understanding, agreement and covenant to GunBroker that: (1) Information about a particular Item is supplied by the Seller, not by GunBroker or its Affiliates, and that GunBroker shall have no liability to any User for representations or misrepresentations made by Sellers about any aspect of the item or transaction that Seller has listed; (2) the Site is only a marketplace bringing together Buyers and Sellers and providing information to Users; (3) GunBroker is not a transacting party for any transaction between Buyers and Sellers that originates on or through the Site; (4) GunBroker shall have no liability to Users or third parties for representations or misrepresentations or any aspect of any transaction that takes place through the Site; (5) warranties on products and other terms of any transaction conducted by Buyer and Seller are offered and accepted solely by the Listing and solely by Buyer and Seller; (6) by using or transacting business on this or the Linked Sites, the sale price and identity of the auction winner are generated by the automated function of the Site in carrying out the Listing terms input by the Seller and the bidding or buying instructions input by Buyer; (7) GunBroker is not a traditional auctioneer and does not act as agent of any Buyer, Seller or other User of the Site; and (8) GunBroker never takes possession of any goods sold on this Site, nor does it receive any funds related to the transaction, other than the fees set forth herein and on the Fees page.

b. GunBroker Is Not the Seller. Users agree and evidence their understanding and acceptance of the following terms by registering or doing business on this Site:

• GunBroker is not involved in the actual transaction between Buyers and Sellers;
• GunBroker is not an auctioneer, escrow agent, or fiduciary.
• GunBroker never takes possession of any Items;
• GunBroker does not participate in the negotiation of terms of sale or terms of delivery of Items;
• GunBroker does not receive or hold legal ownership or title of Items, nor receive, hold or transfer legal ownership of Items from the Seller to the buyer;
• GunBroker does not receive or hold any funds arising from any part of the transactions between the Buyer and Seller.

Nothing in this Agreement is intended to modify the governing provisions of the Uniform Commercial Code § 2-401 as implemented in any applicable state, under which legal ownership of an item is transferred upon physical delivery of the Item to the Buyer by the Seller. Unless the Buyer and the Seller agree otherwise, the Buyer will become the Item’s lawful owner upon physical receipt of the item from the Seller (or in the case of Firearms, upon legal Transfer by the applicable FFL).

c. Transfers of Firearms. All shipments and sales of Firearms on the Site must be carried out through the process of legal transfer of the Firearm to the applicable Buyer through an FFL selected by the Buyer. Upon winning or purchasing a Firearm, the Buyer must designate an FFL for shipment and transfer of the Firearm. FFLs may charge separate fees for this service. Where the FFL determines that the Buyer is not eligible to purchase under Applicable Law for Transfer of the Firearm or other Item, GunBroker will void the sale, refund the “Final Value” fees paid by Seller to GunBroker, and re-list the Item without additional charges to Seller. Fees to Sellers for “Optional Services” are not subject to refund. Depending on the terms of the applicable Listing, the Buyer may be responsible for additional shipping charges in this event. Sellers must comply with all Applicable Laws and carrier restrictions regarding shipments of hazardous or regulated items.

d. Disclaimer About Users and Items. Users understand that using this Site manifests their agreement , that responsibility for compliance with Applicable Law in User’s State for the sale, purchase, transfer and shipment of Items and for conducting due diligence on all aspects of the transaction, including other Users’ prior transactions, rests solely on User as the User of the Site. Given GunBroker’s limited role as outlined in this Section, except as expressly stated in Section 8 below, User understands and agrees that GunBroker disclaims any responsibility or liability for Buyers’, Sellers’ or other Users’ representations or misrepresentations on this Site, including but not limited to the following:

• Sellers or Buyers misrepresentation of their identity, location or authority to enter into contracts, including either party’s false claim to be of legal age and capacity to enter into contracts;
• Sellers placing a Listing for an Item on the Site are able to or will complete the sale of the Item or delivery of the Item to the Buyer, or that a Buyer placing a bid, making an offer, or purchasing an Item is able to or will complete the purchase of an Item from a Seller;
• That a Seller has truthfully and accurately described an Item placed on the Site in the Item’s applicable Listing, that all claims made for the item are accurate or truthful, or that the item is faithfully represented by Seller’s listing, text or pictures;
• That an Item listed for sale on the Site (i) exists, (ii) is safe to buy, hold, or use, (iii) is of any particular quality, (iv) that the Item or any description or graphic representation thereof on the Site does not infringe on the Intellectual Property rights of any person or entity, (v) that the listed item is free of liens, encumbrances or contractual claims by any person or party, or (vi) that an Item may lawfully be sold by the Seller in compliance with Applicable Law.
• That the offer, possession, sale and/or shipment of an Item complies with any or all Applicable Laws relating to that item in the Buyer’s and Seller’s jurisdictions and personal situations.

e. Refunds of GunBroker fees to Sellers. Under some circumstances, as determined in GunBroker’s sole discretion, GunBroker may refund sale fees to a Seller, but under no circumstances will GunBroker refund listing fees. Sellers may obtain refunds on sale fees (but not listing fees) as provided in Section 5(c) in GunBroker. In cases where Buyers have failed to make payment for Items, Sellers may use our Customer Support system to request assistance with informal mediation between Buyer and Seller.

f. Monitoring of Listings and Postings. GunBroker provides Users with tools and instructions for creating Listings to sell Items on the Site and to communicate with other Users on the Site through Postings and otherwise. By using this Site, Users acknowledge and agree that GunBroker has the right but not the obligation to monitor, edit, refuse to post, or remove any Posting or Listing from the Site, in our sole discretion. Users acknowledge and agree that GunBroker is not responsible for the Content of Listings or Postings posted by Users. Monitoring of Postings and Listings by us is not intended to protect Users and does not independently verify the accuracy of the information contained in Content posted on this Site. It may not be relied upon by a User for any purpose.

g. GunBroker Branded or Promotional Items: In the case of the sale of our own branded merchandise or other promotional items, or the branded merchandise or other promotional items, the provisions of Paragraphs 5(a) and 5(b) do not apply.

6. Unregistered Users’ Covenants to GunBroker. Users of this Site who do not register with the Site, but avail themselves of the products or services offered by the Site (including listings, articles, videos, “help” functions, FAQs, and information) make certain promises and covenants to GunBroker, as manifested by their visiting and/or using the Site. Those promises include the provisions herein relating to User’s Agreement Prior to Using the Site (Paragraph 1); GunBroker’s Role in Listing and Sale of Items (Paragraph 5); Payments and Other Third Party Activities (Paragraph 9); Content, Intellectual Property and Restrictions on Use of Site (Paragraph 10); Our Limits of Liability (Paragraph 11); Governing Law and Dispute Resolution (Paragraph 13); and General Provisions (Paragraph 15); and the other provisions of this Agreement as may become relevant based on Unregistered User’s specific use.

7. Users’ Covenants to GunBroker

A.  Seller’s Covenants

i. Binding Contract. Seller’s listing of an Item constitutes making a binding offer to sell to the applicable Buyer on the terms specified in the Seller’s Listing and by this User Agreement, on the condition that the Buyer’s bid is the winning bid or that Buyer’s offer is accepted by Seller, as that term is defined in this Agreement and elsewhere on the Site. When a Listing includes a fixed price (such as a “Buy Now” price or an “Auto Accept” price) and a Buyer agrees to pay the fixed price, the offer to pay is automatically and immediately accepted and a legally binding contract automatically and immediately is formed. In addition, when a Listing provides other terms, such as a “auction,” but includes the option to accept offers, and a Buyer makes an offer to pay the listed price for an Item, the Buyer’s offer to buy remains active and irrevocable, subject to Seller’s acceptance, for a period no longer than 48 hours, after which the Buyer’s offer expires. During the applicable period, the Seller may accept or reject the offer. If acting as a Seller, Users agree to complete the sale of all listed Items on such terms.

ii. Representations and Warranties. User as Seller of Items on the Site represents and warrants to GunBroker during the term of this Agreement that:

• All User Information given to us by any User and all information communicated to other Users of the Site, whether in a Listing or a Posting, is true, accurate, up-to-date and not misleading;
• Users have the right under Applicable Law to sell the Items listed and do so free from any liens or encumbrances;
• The sale of Users’ Items on the Site, including the Content of their Listings, will not be fraudulent or misleading, or involve the sale of counterfeit or stolen items;
• Sellers agree to indemnify GunBroker against any and all intellectual property claims, regulatory violations, or alleged misrepresentations in Listings.
• User’s sale of any item and listing or posting of text, graphics or any other content does not infringe on any intellectual property of any person or company and User has written authorization from any trademark or copyright or other rights holders granting the legal right to make the sale or use that creative content.
• User will not engage in bid rigging or sale price manipulation of any kind on any Item, nor contact any Buyer from the Site to complete off-platform sales of a listed Item outside of the Site;
• If Users post Listings for, or sell Firearms or Ammunition on the Site, such Users agree to comply with all Applicable Law governing the specific requirements for sale, transfer and shipping of such Items to the applicable Buyer, including without limitation those found in this Agreement and elsewhere on this Site which shall apply regardless of any contrary information contained in a Seller’s Listing;
• Users agree and covenant that they will not sell or ship items contrary to any state and local Applicable Law. Users will take responsibility for themselves to research and comply with any applicable laws and regulations. For example, Items such as Ammunition or knives may require government-issued proof of age before they can be shipped to certain states, and in some states, certain types of knives or Ammunition may not be sold or shipped at all; and
• If Users conduct international sales or the applicable Items are located within the U.S. or owned by persons located within the U.S. but Buyers are outside the US, Users additionally warrant to GunBroker that they are either expert in or have obtained counsel regarding the U.S. statutes and regulations governing export controls, sanctions and embargoes, and Users additionally agree and promise that: (i) they are not a national of or located in any country embargoed by the United States, (ii) they are not violating U.S. export controls or selling any item subject to sanctions or embargo; and (iii) they are not on the Excluded Parties List System, the Specially Designated Nationals List, or the Denied Persons List, and they are not listed on any other lists maintained by the U.S. federal government which prohibits or restricts participating in commercial or other transactions, and Users are not using or accessing the Site on behalf of a party who is on any such lists (collectively but not exclusively “US Sanctions Laws”).

iii. Sales and Other Taxes. To the fullest extent permitted under Applicable Law, Users understand and agree that GunBroker bears no responsibility for the reporting, payment, collection and remittance of any tax related to the purchase, sale or transport of any items by User/Sellers, including but not limited to: sales/use tax, VAT tax, transaction tax, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through the Site by any jurisdiction having taxing authority over the sale or transaction. The Site may provide educational information about tax liability for educational purposes. Such educational information neither substitutes for nor is intended to completely or accurately convey legal, financial, or tax advice. Users agree and acknowledge that in certain cases, selling on GunBroker may subject the Users to sales tax reporting or remittance obligations in jurisdictions where volume of transactions would subject them to such taxation. Users and GunBroker agree to cooperate to the extent commercially reasonable in any tax-related matters or inquiries by taxing authorities related to Users’ use of the Site. Users/Sellers agree that they shall be solely responsible for, and shall indemnify us against, any liability for taxes, including but not limited to sales/use, VAT or similar transaction tax that is or may be assessed by any jurisdiction with respect to sales of Items to Buyers in the jurisdiction (other than taxes on our fees payable to such jurisdiction). Users agree to defend, indemnify and hold GunBroker harmless from and against any and all Losses that may result from User’s inadequate reporting, payment, collection or remittance of any taxes relating to transactions conducted on the Site, except taxes imposed on our fees or income.

iv.  License to Listings. By submitting listings or advertising to this Site or the Linked Sites, Users grants to GunBroker Parties the right and worldwide, perpetual, non-exclusive, royalty-free license to publish, display, distribute, reproduce, copy and make derivative works of the Listings and other Posting or Content User provides us, in any and all media, including under all copyright, publicity, and database rights in and to the Listing, Posting or other Content User posts to the Site, in order to allow us to (i) list the Items on the Site, (ii) update or improve the Site and any relevant Services, and/or (iii) make use of such Listings, Postings or Content for uses related to the Site, including electronic or print publications, reference materials, reports or other services or products provided to third parties regarding sales and pertaining to categories of products featured on the Site, provided that any such services or information described in (iv) above shall not include any User’s User Information.

v. Authorization to Provide Contact Information. By registering with the Site, using the Site, and posting items on the Site, User/Seller authorizes GunBroker to release Seller’s contact information to a party filing a sworn statement with GunBroker, complaining about Copyright Infringement or Trademark Infringement by Seller in Seller’s public communications on the Site. Any such complainant seeking contact information will be required to request that information through the GunBroker Trademark Infringement Process. GunBroker will provide the information only in the narrowly circumscribed event that the party claiming infringement provides a GunBroker with a properly completed sworn statement under penalty of perjury that an infringement has occurred and that the requested information will be used only for the sole purpose of notifying Seller of the party’s infringement claim. By registering with the Site, using the Site, and posting items on the Site, User/Seller waives and releases any claim of any kind that they may assert against GunBroker for this release of contact information for the purposes of notifying Seller of a Trademark Infringement claim against them.

 B. Buyer’s Covenants

i. Binding Contract. Listings by Sellers appear on the Site in several different ways:

Placing a Bid on an Auction: Buyer understands and agrees that placing a bid on an auction item constitutes Buyer creating a legally binding contract with the Seller for the purchase of the relevant Item on the terms stated in the listing as supplemented by the policies and procedures set out for Auctions on this Site. Buyer further understands and agrees that if Buyer’s bid is the winning bid, Buyer’s offer will be accepted, a legally binding contract shall be created, Buyer shall be obligated to complete the purchase of the Item, and that Buyer’s purchase will be subject to all terms stated by the Seller in the Listing as supplemented by the terms of this User Agreement and policies and procedures set out on this Site.

Buying an Item with a Fixed Price or “Buy Now”: Buyer understands and agrees that when Buyer elects to purchase a fixed price item, Buyer’s completion of the checkout process creates a legally binding contract, subject to all terms stated by the Seller in the Listing as supplemented by the terms of this User Agreement and policies and procedures set out on this Site.

“Take a Shot Offer”: When a Listing features a “Take a Shot Offer,” Buyer’s tender of an offer to buy creates a legally binding offer to purchase the item, creating a legally binding contract if the Buyer’s offer is accepted by the Seller, subject to all terms stated by the Seller in the Listing as supplemented by the terms of this User Agreement and policies and procedures set out on this Site. The Take a Shot Offer shall remain in effect and irrevocable during a period of no longer than 48 hours (or until rejected by Seller), after which the offer to purchase shall expire. During the stated 48-hour period, the Seller may accept or reject the offer at Seller’s option, and a legally binding contract is not established until Seller definitively accepts the Buyer’s “Take a Shot” offer.

ii. Representations and Warranties. User, as Buyer of Items on the Site, represents and warrants to GunBroker that while using this Site:

• All User Information given to us by Users and all information communicated by one User to other Users of the Site, whether in a Posting or otherwise, shall be true, accurate, up-to-date and not misleading;
• Users agree not to contact any Seller in any manner and by any medium outside the Site regarding an item listed on the Site in order to attempt to complete the sale of a listed Item outside of the Site;
• Users agree not to bid on or place an offer to buy Items that they are not permitted to purchase or possess under Applicable Law;
• User Buyers agree to complete ATF form 4473 and all required background checks prior to Transfer;
• Users are responsible for ensuring compliance with Applicable Laws related to local purchase restrictions;
• Users covenant not to purchase firearms or other regulated items on behalf of, or for the benefit of, a third party;
• If a User bids on or places an offer to buy Firearms or Ammunition on the Site, such User agrees to comply with all Applicable Law governing the specific requirements for sale, transfer, and shipping of such Items, as well as the terms of this Agreement and any Linked Agreement. Users understand and agree that the provisions of this User Agreement and the incorporated Agreements and Policies shall control and take precedence over any contrary terms or claims in a Seller’s Listing or in conversations between Buyers and Sellers.
• Users understand and agree that they must make transfer arrangements with an FFL before placing a bid on or making an offer to buy any Item, and they further understand and agree that they must transmit a copy of the FFL’s license held by User’s designated FFL to the Seller before the Item can be shipped;
• Users understand that it is a violation of federal law to participate in any “straw purchase” of a firearm, and that therefore, Users’ bids on or offer on a firearm represents to GunBroker that it is being purchased only on such User’s own behalf and not on behalf of or for the benefit of any third party, and a covenant that User will not arrange for a third party to appear at User’s designated FFL for purposes of any Transfer; and

iii. Not Subject to Sanctions Laws. In using this Site and Linked Sites, and in entering transactions herein, User warrants to GunBroker that neither User nor User’s Company is subject to restrictions under U.S. Sanctions Laws as that term is defined in the definitions above.

8. Buyer’s Protection Program

a. Buyer’s Protection Program Generally. Where a Buyer claims that a Seller has violated the terms of this Agreement by failing to deliver an Item after payment, or by misrepresenting the Item, or otherwise acting in a manner giving Users a basis for a claim of deception or unfairness, the Buyer may be eligible for compensation under the GunBroker Buyer’s Protection Program (“BPP”), subject to the BPP Limitations and Restrictions.

b. Benefits. GunBroker will cover up to $500.00 of actual loss on an Item. Only one claim per transaction. All claims are subject to a $100.00 deductible. The maximum net benefit for Buyers under the Buyer’s Protection Program is $400.00, without regard to the total dollar value of the transaction, value of the goods, or the losses claimed by the buyer.

c. Procedure to File a BPP Claim. In order to meet the application requirements for a benefit under this program, a Buyer must strictly comply with all instructions in the BPP Claim Process and instructions by the GunBroker staff. BPP awards will not cover shipping costs, transfer fees or taxes. Prior to filing a BPP claim, any dissatisfied Buyers must present their claims to the Seller for informal resolution within the first 30 days after the sale (whether by auction or fixed price sale). Buyer and Seller shall then negotiate in good faith to resolve the issue. Buyer may be asked to prove their attempts to resolve the matter with the Seller.  If no resolution is reached within 30 days after the sale date, Buyers have an additional 30 days to submit their BPP claim to GunBroker. In cases where GunBroker provides payment to a Buyer through the Buyer’s Protection Program, such payment constitutes the Buyer’s sole and exclusive remedy against GunBroker and represents GunBroker’s entire liability with respect to the matter. By filing a BPP claim, Buyer represents that they waive any further claim against GunBroker for any sums of any kind and releases the GunBroker Parties, in full, from any additional liability. All other complaints about a Buyer or a Seller in a transaction on the Site must be addressed directly by such parties through either the feedback system or through the “Resolving Problems” pages in the “For Sellers” or “For Buyers” links pages on the Site. We accept such complaints only through the Support System on the Site and will not under any circumstances accept complaints via email, fax or telephone, but only through the Support System on the Site.

d. Assignment of Rights. By conducting business on this Site or the Linked Sites, and/or by using the Buyer’s Protection Program, Users agree that in the event that they receive compensation under GunBroker’s Buyer’s Protection Program, such User thereby irrevocably assigns and transfers to GunBroker any and all claims and rights of action (whether at law or in equity, under this Agreement or otherwise) against the Seller of the Item for which Users received compensation under the Buyer’s Protection Program, in connection with the purchase of the Item for which such User received compensation.

9. Payments and Other Third-Party Activities on the Site

a. Third Party Payment Platforms.

(i) For the convenience of its Users, GunBroker has integrated certain third-party payment processors into the Site in its GunBroker Checkout feature for Sellers, including party payment processor gateways (collectively, “Payment Platforms”). GunBroker.com may in its sole discretion choose to offer the facility of a Payment Platform to selected Sellers. A User making use of a Payment Platform agrees that (1) the Payment Platform shall be solely responsible for the services, terms of use, privacy practices, and any costs or damages resulting from the use of such Payment Platform; (2) User waives any claim against GunBroker.com for costs, damages, or loss of any kind arising from User’s use of a Payment Platform.

(ii) Including, without limitation, PayPal, Zelle, Venmo, CashApp, ApplePay, GooglePay, Rhea, Stripe, Walmart2Walmart, MoneyGram, and any other person to person money transfer application cannot be used for firearms, firearm accessories or parts, or ammunition and we do not permit it to be used on the site or for collection of payment for any of our transactions, as it is against the applications’ terms of service, and against the User Agreement, Site Rules, and listing policy. GunBroker also does not support wire transfers, as these are not able to be disputed or reversed, and therefore, are not protected. The Buyer's Protection Program (BPP) will not cover payments made with these applications. Please see this FAQ for further information.

b. Third Party Websites. The Site may contain links or other Content leading to third-party websites, including those of third-party advertisers. GunBroker is not responsible for and has no liability for the privacy or other practices of any such third parties. We recommend that User review the user terms and privacy policies of each website or advertisement that User clicks on or visits.

10. Content, Intellectual Property and Restrictions on Use of Site

a. License for Use of User’s Content. Users agree that by transmitting or Posting any Content on or through the Site, each User grants GunBroker Parties and our Affiliates a worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost to GunBroker whatsoever, all such Content and other material (including, without limitation, under all Intellectual Property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), to carry out the Services and for the general business purposes of GunBroker and its Affiliates and for any related purpose; provided, however that we will not sell or share User Content with non-Affiliate third parties unless a User has granted express consent to the same (which may be in a separate written agreement). We maintain records of Listings and transactions, as required by law, and analyze how people are using our Site, including valuation information. We may sell valuation information to third parties without disclosing the identities of the parties to the transaction.

b. Restrictions on User’s Use of GunBroker Content. GunBroker Content is the property of GunBroker or its licensors and intended solely for User’s personal, non-commercial use in connection with the services provided on the Site. No right, title or interest in GunBroker Content or any other materials or software is transferred to User as a result of this Agreement or User’s use of any of the services provided on the Site. User may not download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of GunBroker Content, the Site or any related software, nor may User employ any bots or other means to “screen scrape” (or otherwise extract/ obtain the benefit of) data regarding transactions other than User’s own from the Site. All software used in creating the Site is the property of GunBroker or its licensors and suppliers and protected by U.S. and international copyright laws. Other than using the functionality supplied to Users of the Site, User’s use, including the reproduction, modification, distribution, transmission, republication, display, or performance of such GunBroker Content for User’s personal or business use is strictly prohibited.

c. Copyrights and Trademarks. Unless otherwise noted, all GunBroker Content constitutes copyright, trademark, service mark, trade dress and/or other Intellectual Property owned, controlled or licensed by us or by third parties who have licensed their materials to us and are protected by U.S. and international Intellectual Property laws. The compilation (meaning the collection, arrangement, and assembly) of GunBroker Content on the Site is the exclusive property of GunBroker, or its affiliates, and is also protected by U.S. and international copyright laws. The marks identified on our Copyrights and Trademarks page are the trademarks or service marks of GunBroker or its Affiliates. All other trademarks not owned by GunBroker that appear on the GunBroker Site or any affiliated website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GunBroker. No trademark or service mark license is granted to User as part of User’s use of the Site. Access to the Site does not authorize anyone to use any name, logo or mark in any manner. User may not use meta tags or other hidden text utilizing GunBroker’s name or trademarks without the express prior written consent of GunBroker.

d. Abuse of Site. Users are prohibited from violating or attempting to violate the security of the Site, or otherwise abusing the Site, including, without limitation, by (i) using the Site for any illegal purpose; (ii) accessing data not intended for Users or logging onto a server or an account which they not authorized to access or with respect to which they have exceeded their authorized access; (iii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempting to download, extract or distribute any portion of the code making up any portion of the Site; (v) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” participating in a distributed denial of service attack, “spamming,” “mailbombing” or “crashing”; (vi) sending unsolicited email, including promotions and/or advertising of products or services via the Site, or using any information about other Users obtained from the Site in order to do so; (vii) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (viii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site or bypass any measures used to restrict access to the Site; (ix) using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from GunBroker on the Site and other than generally available third-party web browsers; (x) transmitting or Posting or including in any Posting any unlawful, harassing, libelous, abusive or otherwise objectionable material of any kind to any person; (xi) collecting information about other Users without their consent. Violations of system or network security may result in civil or criminal liability; (xii) interfering with another’s use of the Site or with the proper functioning of the Site; or (xiii) engaging in any systematic extraction of data or data fields, including, without limitation, email addresses, from the Site or its Users, by use of any automated mechanism, such as web robots, crawlers, spiders or otherwise.

e. Submissions. By entering comments and/or by submitting reviews, feedback, postcards, suggestions, ideas, and other communications (collectively referred to as “Submissions”) with GunBroker’s Site or affiliated sites, User agrees that all Submissions submitted or offered to us on the Site or otherwise shall be and remain GunBroker property. Users agree that use of Submissions shall constitute an irrevocable assignment to us of all worldwide rights, title and interest in and to all copyrights and other Intellectual Property in the Submissions. As a result, we will own exclusively all such right, title and interest and will not be limited in any way in our use, commercial or otherwise, of any Submissions. To the extent such assignment is not permitted by Applicable Law, Users grant GunBroker a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable license to use and exploit the Submissions for any purpose.

f. Copyrights and Copyright Agent. GunBroker respects the rights of all copyright owners and has adopted and implemented a policy that provides for the termination in appropriate circumstances of the use of the Site for account holders who infringe the copyright rights of others. If Users believe that their work has been copied or used in a way that constitutes copyright infringement, please follow the process outlined in the DMCA Notice Process.  

g. Americans with Disabilities Act. GunBroker continues to take steps to ensure that all Users, with or without disabilities, can access and utilize any of our Content and services. We strive to meet the standards put forth by the World Wide Web Consortium (W3C’s) Web Content Accessibility Guidelines (WCAG). If, because of disability, User are unable to access content on the Site, or have any questions, please contact us using our Support System or as described below under “Notices.”

11. GunBroker’s Limits of Liability

a. DISCLAIMER OF WARRANTIES

USERS AGREE THAT USE OF THE SITE AND USE OF THE SERVICES PROVIDED BY THE SITE ARE PROVIDED ENTIRELY WITHOUT WARRANTY AND COMPLETELY AT USERS’ OWN RISK. THE SITE AND SERVICES, INCLUDING ALL CONTENT, ITEMS, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON THE SITE OR ANY TRANSACTION ENTERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE SITE.

b. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE GUNBROKER PARTIES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR SERVICES, OR RELATED TO THE INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE SITE, BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO THE SITE, DELAYS OR DISRUPTIONS IN OUR SITE, ACTIONS TAKEN BY THIRD PARTIES THROUGH OUR SITE, ACTIONS TAKEN RELATED TO USER ACCOUNTS, OR VIRUSES OR MALWARE OBTAINED BY USING OUR SITE OR LINKS ON OUR SITE (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO USERS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE GUNBROKER PARTIES TO USERS FOR ALL LOSSES (AS DEFINED IN THE DEFINITIONS SECTION), AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR USERS’ USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT USERS HAVE PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO USERS’ CLAIM OR (B) US $200.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT, OR IN ANY OTHER CASE WHERE LIABILITY MAY NOT BE LIMITED UNDER APPLICABLE LAW.

c. Indemnification. Users agree to indemnify, defend and hold the GunBroker Parties harmless from and against any and all claims and all Losses incurred by a GunBroker Party in connection with any of the following, whether by Users or by a third party using a User’s GunBroker.com User ID: (i) any breach or violation of this Agreement, (ii) any use of the Site or Services, (iii) a dispute with another User (except for monies received by Users under our Buyer’s Protection Program) or visitor to the Site, (iv) any violation of any Applicable Law governing Users’ activities on or off of the Site, or (v) the infringement of any Intellectual Property or other right of any person or entity, whether by Users, their Items or their User Content that was Posted by Users to the Site. Users expressly agree to indemnify, defend, and hold harmless each of the Company’s current and former officers, directors, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, causes of action, damages, liabilities, costs, and expenses (including reasonable attorney’s fees and court costs) arising out of or related to (i) any breach by User of this Agreement or of Applicable Law, or (ii) any act or omission by User in connection with use of the Site or the Services. This indemnity is personal to each Indemnified Party and shall apply to the fullest extent permitted by Applicable Law, regardless of whether such claim is alleged to arise in tort, contract, statute, or otherwise. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by them and they shall not in any event settle or otherwise dispose of any matter without our prior written consent.

d. Release. By accepting and agreeing to this Agreement, each User hereby releases all GunBroker Parties from any and all claims and Losses of every kind, known and unknown, arising from disputes between User and other Users or visitors to the Site. Further, Users agree to waive and release any claim against GunBroker for any claim arising from disputes with another User (whether a Buyer or Seller) or any visitor to the Site. User waives any and all of the aforementioned claims against GunBroker Parties, parent companies, subsidiaries and affiliated parties, as well as our directors, officers, employees, attorneys and agents, from and against any and all claims and losses (actual, special, incidental and consequential damages, as well as reasonable attorneys’ fees and costs of court) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

e. Covenant. User agrees that any claim, dispute, or controversy arising out of or relating to this Agreement or the User’s use of the Site or Services shall be brought solely against the Company and not against any of its officers, directors, employees, or agents in their individual capacities. User hereby waives any right to name any officer, director, employee, or agent of the Company as an individual defendant in any legal, equitable, administrative, or arbitration proceeding.

12. Permitted Time for Filing Action

User covenants and agrees that as partial consideration for the rights conferred by use of the site that, to the greatest extent permitted by Applicable Law, any lawsuit, claim, cause of action, or arbitration proceeding must be filed within one year after the event giving rise to such claim or cause of action, unless non-waivable federal or state law or an applicable agreement expressly provides for a prescribed time. If applicable law does not permit the contractual shortening of the time during which a lawsuit or arbitration proceeding must be filed for a one-year period, Users and GunBroker agree to the shortest time legally permitted. Any claim filed after the permitted time for filing an action shall be forever barred, regardless of any statute or law to the contrary, unless such statute or law is expressly non-waivable.

13. Governing Law and Attorney Fees

a. International Users. The Site is controlled, operated, and administered by GunBroker, which is based within the United States, and run on servers located in the United States. We make no representation that functions or information found at the Site are appropriate or available for use by persons at other locations outside of the United States or from which access to them from territories where their functionality or content are not permitted under Applicable Law. User may not use the Site or export the information found on or at this Site in violation of U.S. or other Applicable Laws regarding export or import. If Users access this Site from a location outside of the U.S., Users are responsible for compliance with all Applicable Laws that apply to User’s use of the Site in User’s location.

b. Governing Law. Except as may not be permitted under Applicable Law, this Agreement, all matters arising from or relating to the User’s use of the Site, and any and all claims arising out of User’s relationship with the GunBroker Parties shall be governed by and in accordance with the laws of the State of Georgia, excluding (i) its conflicts of laws provisions, (ii) the United Nations Convention on Contracts for the International Sale of Goods, and (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended.

c. Attorney Fees. Except as expressly provided below or in the Mandatory Arbitration Provision and Class Action Waiver, each party shall bear its own attorneys’ fees and costs in connection with any dispute, claim, arbitration or proceeding arising out of or relating to this Agreement. The parties expressly waive and disclaim any right to seek or recover attorney’s fees or costs from one another under any theory of fee shifting, including but not limited to contractual, statutory, or equitable grounds, unless expressly required by non-waivable Applicable Law. Notwithstanding the foregoing, the prevailing party may recover its reasonable attorneys’ fees and costs in the following limited circumstances: (i) where a claimant files an action in an improper jurisdiction in violation of the jurisdiction and venue provisions of this Agreement; (ii) in connection with debt collection actions brought by the Company to recover amounts lawfully owed under this Agreement; or (iii) where a court of competent jurisdiction makes a final, non-appealable determination that a claim or action was frivolous, groundless, or brought in bad faith.

14. Mandatory Arbitration Provision and Class Action Waiver

READ THIS ARBITRATION PROVISION CAREFULLY: IT WILL IMPACT HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. Under the terms of this Arbitration Provision, and except as set forth below, Claims (as defined below) will be resolved by individual (and not class-wide) binding arbitration in accordance with the terms specified herein, if you or we elect it.

a. YOUR RIGHT TO OPT OUT; EFFECT OF ARBITRATION.

This Arbitration Provision will apply to you and us and to your use of the Site unless you opt out by providing proper and timely notice as set forth below. If a Claim is arbitrated, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general, or other representative action in court or in arbitration; or (4) join or consolidate a Claim with those of any other person.

This Arbitration Provision will survive the termination of this Agreement. See further details below.

b. Arbitration Provision Definitions

“We,” “Us” and “Our.” Solely as used in this Arbitration Provision, the terms “we,” “us” and “our” also refer to our employees, agents, officers, directors, parents, controlling persons, subsidiaries, corporate affiliates, predecessors, acquired entities, successors, and assigns.

“Claim.” A “Claim” subject to arbitration is any demand, cause of action, complaint, claim, asserted right, or request for monetary or equitable relief, whether past, present, or future, and based upon any legal theory, including contract, tort, consumer protection law, fraud, statute, regulation, ordinance, or common law, which arises out of or relates to this Agreement, your use of the Site, the events leading up to your becoming a User (for example, advertisements or promotions), any feature or service provided in connection with your use of the Site, or any transaction conducted with us.

Notwithstanding the foregoing, the term “Claim” excludes: (a) any dispute or controversy about the validity, enforceability, coverage, or scope of this Arbitration Provision or any part thereof, including the Class Action Waiver and Public Injunctive Relief Waiver below (a court will decide such disputes or controversies); and (b) any individual action brought by either party in small claims court or your state’s equivalent court, unless such action is transferred, removed, or appealed to a different court. After a Claim is filed with the arbitration administrator, but before an arbitrator is formally appointed to a Claim, a party may send a written notice to the opposing party and the administrator stating that the Claim is within the jurisdiction of small claims court (or an equivalent court) and requesting that that court decide the Claim. Upon receipt of that notice, the administrator will administratively close the case without requiring payment of filing or any other administrative fees.

c. Arbitration Procedures

Electing Arbitration of Claims. Except if you opt out as provided below, you or we may elect to arbitrate any Claim. The election may be made by submitting a written Notice of Arbitration (“Notice”) in accordance with the terms herein. Or, if a lawsuit asserting a Claim is filed in court, the other party may elect arbitration in the lawsuit (for example, a motion by the defendant to compel arbitration). If you or we commence litigation of a Claim, neither you nor we waive our right to elect to arbitrate any counterclaim or other Claim that you or we may make.

Notice Requirements. If you or we elect to arbitrate a Claim, the claimant must provide the other party with written Notice before commencing arbitration. Notice to us shall be sent to GunBroker, P.O. Box 2511, Kennesaw, Georgia, 30156, Attn: Notice of Arbitration (the “Notice Address”). Our Notice to you shall be sent to the most recent address for you in our files or in your User account. The Notice must be clearly marked “Notice of Arbitration” and contain the claimant’s name, telephone number, mailing address, e-mail address, a description of the nature and basis of the dispute, the relief sought by the claimant, and the claimant’s signature. If you have retained counsel to submit the Notice, your Notice must include your signed statement authorizing us to share information about the Claim with your counsel.

The noticing party must provide the other party 45 days from receipt of the Notice in order to provide the parties a meaningful opportunity to resolve the dispute in an informal, prompt, mutually beneficial manner. During this period, any applicable statutes of limitations or contractual limitations periods will be tolled. The arbitration administrator may not accept or administer arbitration nor assess fees until the expiration of the 45-day period. Either party may seek court intervention regarding the initiation of arbitration or the assessment of fees in connection with such arbitration.

Arbitration administrator and rules. The arbitration will be administered by the American Arbitration Association ("AAA") under its rules for consumer arbitrations. The AAA rules and forms may be obtained by contacting AAA at 1-800-778-7879 or visiting www.adr.org. AAA will apply its rules and codes of procedures in effect at the time arbitration is elected including, if applicable, AAA’s Supplementary Rules for Multiple Case Filings. If AAA is unable or unwilling to administer the arbitration in accordance with this Arbitration Provision, the parties may agree on another administrator or, if there is no agreement, a court with jurisdiction may appoint one. The arbitrator may, as appropriate, hold hearings in person, by telephone or videoconference, or decide Claims based on papers submitted by the parties. Any in-person arbitration hearing will take place in a venue in the county where you reside unless you and we agree otherwise.

Arbitration costs. The parties shall pay filing, administrative, and arbitrator fees in accordance with the administrator’s rules, unless applicable law requires a different allocation. This means that you will be responsible for paying your share of the administrator’s filing fees unless you obtain a waiver of fees from the administrator. However, if you send us a written signed request at our Notice Address requesting that we pay your share of the fees and stating that you tried but were unable to obtain a fee waiver after submitting the documentation required by the administrator, and if your request is made in good faith, we will pay or reimburse you for your share of the filing fees charged by the administrator

What law the arbitrator will apply. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, or by state or local laws that relate to arbitration proceedings. However, the arbitrator will apply the same evidentiary privileges and applicable substantive law that a court would apply if the matter were pending in court. The arbitrator may consider rulings in arbitrations involving other customers, but an arbitrator’s ruling will not be binding in proceedings involving different customers. In addition, the arbitrator has the same power as a federal court to impose sanctions against any represented party or counsel for any violation of the standards of Federal Rule of Civil Procedure 11(b) or 28 U.S.C. § 1927.

The arbitrator’s decision and award. At the timely request of either party, the arbitrator shall provide a brief written explanation of the grounds for the decision. The arbitrator may award any damages or other relief or remedies available under Applicable Law, as limited in the Class Action Waiver and Public Injunctive Relief Waiver below, in an individual action brought in court. If the arbitrator finds that you or we have violated the standards of Federal Rule of Civil Procedure 11(b) or 28 U.S.C. § 1927, if permitted by applicable law, the arbitrator may reallocate compensation, expenses, and administrative fees (which include filing and hearing fees) as justice requires.

Effect of arbitration Award; appeal. The arbitrator’s award shall be final and binding on all parties, except for any right of judicial review provided by the Federal Arbitration Act.

Federal Arbitration Act

This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Provision.

CLASS ACTION WAIVER

If either you or we elect to arbitrate a Claim, neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief (including damages, restitution, or declaratory relief) that applies to any person or entity other than you and/or us individually. The parties acknowledge that this Class Action Waiver is material and essential to the arbitration of any Claims and is non-severable from this Arbitration Provision. If (after exhaustion of all appeals) a court finds that this Class Action Waiver is unenforceable, then any non-arbitrable aspects of the Claims will proceed in court after all other arbitrable aspects of the Claims are arbitrated. The parties acknowledge and agree that under no circumstances will a class action be arbitrated.

PUBLIC INJUNCTIVE RELIEF WAIVER

If either you or we elect to arbitrate a Claim, neither you nor we will have the right to seek a public injunction, if such a waiver is permitted by the Federal Arbitration Act (“FAA”). If (after exhaustion of all appeals) a court decides that this Public Injunctive Relief Waiver is unenforceable, any request for a public injunction will be decided in court after all other Claims are arbitrated. In no event will an arbitrator be permitted to issue a public injunction.

Conflicts; Severability; Survival

In the event of a conflict between any part of this Arbitration Provision and the AAA rules, or any other terms of the Agreement, the part(s) of this Arbitration Provision shall control. If any part of this Arbitration Provision is deemed or found to be unenforceable for any reason, the remainder shall be enforceable, except as provided by the Class Action Waiver or Public Injunctive Relief Waiver. This Arbitration Provision shall survive (1) the termination of any relationship between us, including the termination of the Agreement, and (2) survive any bankruptcy to the extent consistent with applicable bankruptcy law.

RIGHT TO OPT OUT

You may opt out of arbitration by sending us a written notice (the “Opt Out Notice”). To be effective, an Opt Out Notice must (1) include your name, address, phone number, and e-mail address; (2) state that you are opting out of the Arbitration Provision in the User Agreement; (3) be sent to us at GunBroker, P.O. Box 2511, Kennesaw, Georgia, 30156, Attn: Arbitration Opt Out; (4) be signed personally by the User; and (5) be postmarked within thirty (30) days after either (i) your first use of the Site, or (ii) the day you registered as a User on the Site, whichever is later. Your decision to opt out will not affect any other term in this User Agreement. If the time to opt out of arbitration has already passed, then subsequent amendments to the User Agreement will not give you a new right to opt out of this Arbitration Provision, unless we amend a substantive clause of the Arbitration Provision.

Military Lending Act: If you are a covered member of the armed forces or the dependent of a covered member within the meaning of the Military Lending Act and your contract with us involves an extension of consumer credit under that Act, then you are not required to arbitrate disputes.

15. General Provisions

a. Notices. Notices under Section 15 above (Mandatory Arbitration and Class Action Waiver) shall be given exclusively by written mail to us at GunBroker, P.O. Box 2511, Kennesaw, Georgia 30156, and to Users at the address listed in User’s account profile. Otherwise, notices to us may be given by means of our electronic support system located at https://support.GunBroker.com/ or by mail to GunBroker, P.O. Box 2511, Kennesaw, Georgia 30156. In the event we send notices to a User, we shall use the email address or street address listed in the User Information in the User’s account. Notice shall be deemed given 24 hours after an electronic message (email) is sent, when sent to the last email address provided to GunBroker by the receiving party. In the event that GunBroker sends a notice by mail, the notice shall be deemed effective three (3) days after the date of mailing.

b. Electronic Execution.

(i) Electronic Notices to User by Us. User consents to receive any agreements, notices, disclosures, and other communications to which this Agreement refers electronically, including without limitation by email or, to the extent permitted by Applicable Law, by posting notices on the Site. User agrees that all notices that we provide to User electronically satisfy any Applicable Law that such communications be in writing.

(ii) Electronic Contracting Equivalent to Paper. By using the Site, each User agrees to transact business electronically through the Site. Users agree that each User’s electronic signature shall be construed as the legal equivalent of such User’s manual signature. User further agrees that User’s use of a keypad, mouse, or other device to select an item, button, icon, or similar act/action, constitutes User’s signature as if actually signed by User in writing. User also agrees that no certification authority or other third-party verification is necessary to validate User’s electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of User’s electronic signature. User agrees to the admissibility of computer records and electronic evidence in any dispute under this Agreement.

c. Independent Parties. Both parties to this Agreement are entities which are independent of one another under this Agreement and are dealing at arm’s length. Nothing herein contained shall be deemed to create an employment, agency, joint venture, consultancy, or partnership relationship between the parties or any of their agents or employees, or any other legal arrangement that would impose liability upon one party for the act or failure to act of the other party. Neither party shall have any express or implied power to enter into any contracts or commitments or to incur any liabilities in the name of, or on behalf of, the other party, or to bind the other party in any respect whatsoever.

d. Entire Agreement. This Agreement consists of the provisions of this Agreement, all incorporated agreements referenced by hyperlinks (including the GunBroker Privacy Policy, and others) and any and all other documents referred to and incorporated herein. These provisions together constitute the entire agreement between each User and GunBroker and supersede all prior representations, agreements, or statements between us regarding the subject matter contained herein. Should there be any conflict between any of the incorporated documents and the text of this Agreement, the terms of this Agreement shall prevail. Should any provision of this Agreement be held by an arbitrator or judge to be ambiguous or inconsistent, that provision shall be interpreted in a way to make it consistent with the other provisions of this Agreement. Should any provision of this Agreement be held by an arbitrator or judge to be void or incapable of being made consistent with the whole, the remainder of this Agreement shall be given force and effect to the fullest extent permitted by Applicable Law.

e. No Waivers. The failure by either party to exercise or enforce any rights or provisions of this Agreement and elsewhere on this Site, as well as another document incorporated by reference herein, shall not constitute a waiver of such right or provision, whether for a current violation or for future violations. No waiver granted by GunBroker with respect to this Agreement’s provisions shall be deemed to have created a “course of conduct” or “usage of trade” for purposes of Applicable Law.

f. Miscellaneous. The term of this Agreement shall be deemed to have commenced as of the first date and time of each User’s use of the Site or any of the Services and shall remain in effect until terminated by a party in accordance with its terms. GunBroker shall have the right to terminate this Agreement for convenience by written or electronic notice to the User. All provisions of this Agreement regarding Fees, mandatory arbitration and dispute resolution, waivers, representations and warranties, indemnification, disclaimers, limitations on liability and the terms of this Section shall survive any termination of this Agreement. The titles and headings contained in this Agreement are provided for the reader’s convenience only and are not intended to affect the meaning or interpretation of this Agreement. This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but Users may not assign any of their rights or obligations under this Agreement to any person or entity without GunBroker’s prior written consent, and any such assignments made without such consent shall be null and void - except that GunBroker may assign this Agreement to an Affiliate or in connection with a merger, acquisition, or sale of substantially all assets.. This Agreement is intended solely for the benefit of GunBroker, its Affiliates, and User, and shall not be construed for the benefit of any third party.