TERMS AND CONDITIONS OF USE
(Effective Date: November 3, 2015)
Locating Firearms for Purchase from Third Parties on this Website.
Davidson’s does not sell firearms to individuals. Federal law prohibits the interstate sale of firearms to persons or entities that do not have a valid Federal Firearms License issued by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”). Part of the Website’s functionality, however, provides a means for consumers to (i) search for a firearm that they are interested in purchasing, and (ii) arrange to complete the purchase and take physical possession of the firearm with a firearms dealer that has a Federal Firearms License who may sell firearms to legally authorized retail purchasers in compliance with all federal, state and local laws and regulations (a “Licensed Dealer”). Thus, although an individual cannot buy a firearm directly from Davidson’s, the Website allows an individual to select a firearm and arrange for the purchase of the firearm from a Licensed Dealer of his or her choice.
Any reference to a Licensed Dealer, or any transaction arranged with such Licensed Dealer on this Website, does not constitute an endorsement or recommendation of that particular Licensed Dealer by us. None of the Licensed Dealers with which you may come into contact through the Website are within the control of Davidson’s, and we are not responsible in any manner for their policies or practices. If you have any questions concerning a Licensed Dealer, you should contact them directly, or contact your local law enforcement or regional ATF office listed in your local telephone directory.
Compliance with Federal, State and Local Laws.
Davidson’s makes no covenant, warranty or representation that firearms and other products identified on the Website will conform to any federal, state or local laws, ordinances, regulations, codes or standards related to the sale and use of firearms. Firearms shown on the Website are not an offer to ship the firearm to any jurisdiction where its sale is prohibited by law. Because of legal restrictions, not all firearms listed on the Website are available for purchase in all areas. Also, attaching certain accessories to your firearm may render it prohibited in certain states and locales. It is the responsibility of you and the Licensed Dealer that you select to assure that your purchase and ownership of a firearm is made in compliance with all federal, state and local laws, ordinances, regulations, codes and standards. It is your responsibility to determine whether your state and local laws, ordinances, regulations, codes and standards allow you to install specific accessories on your firearm.
Firearms and certain other products identified on the Website have specific age restrictions with respect to ownership or use. These restrictions may be based on product specifications or your state of residence or delivery. Such products may be limited as to ownership or use by individuals who are at least 18 or 21 years of age. You hereby acknowledge and agree that it is your explicit responsibility to remain informed on any and all such restrictions that may apply to you.
Account Information and Registration.
In order to have access to certain services on the Website, including, but not limited to, arranging for a firearm purchase through a Licensed Dealer, you may be required, or provided with the option, to create a GalleryofGuns.com account (“Account”). Whenever an Account is required to access functionality or services on the Website, you may not share your Account with, or use the Account of, another individual.
When creating an Account, you agree to provide accurate, current and complete information about yourself (“Registration Information”) as prompted by our account registration form. Registration Information may include, among other information, your name, address, telephone number, e-mail address, username, password, date of birth, and credit card information. You also represent that we may rely on your Registration Information and you agree to maintain and update your Registration Information to keep it accurate, current and complete. We reserve the right, in our sole and absolute discretion, to discontinue any requested process and/or to terminate your Account for inaccurate, untrue, deceptive and/or incomplete Registration Information.
With respect to any username that you create as part of the registration process, we may refuse to grant you the use of a username that, in our sole and absolute discretion, we deem to be inappropriate. Inappropriate usernames include, but are not limited to, usernames that are fashioned to impersonate another person, protected by copyright, trademark or other proprietary rights, vulgar or otherwise offensive, as well as those that may cause confusion or that are already in use. These are only some examples of inappropriate usernames and we reserve the right, at our own discretion, to deem any username invalid or inappropriate.
You are responsible for maintaining the confidentiality of your username and password, for restricting access to your Account, and for any and all transactions, communications, and other activities that are conducted through your Account on the Website. You agree not to transfer, assign or sell your username and/or password, or otherwise provide access to the Website, through the disclosure and use of your username and password, to any third party. If you have reason to believe that your Account is no longer secure, you must promptly change your password and contact us.
Use of Third Party Information and Websites.
In limited circumstances we allow advertisers (each, an “Advertiser”) to promote goods, services and other materials on the Website. Descriptions of, or references to, related products or publications within the Website do not imply endorsement of the product or publication by Davidson’s. Your dealings with an Advertiser found on or through the Website are solely at your risk, and Davidson’s will not be responsible or liable for any resulting loss or damage of any sort incurred by you. You should carefully review all policies and practices before you engage in any business dealings with an Advertiser. Any complaints, concerns or questions you may have relating to materials provided by an Advertiser should be directed to the Advertiser.
Changes in Prices and Product Information.
We reserve the right to add, change, modify, suspend or discontinue any portion of the Website or the products offered at any time. Prices and specifications for any products located on the Website are subject to change by Davidson’s without notice. Product descriptions are provided by the manufacturer of the item and Davidson’s does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. Typographic, photographic, and descriptive errors are subject to correction and we will not be liable for any errors or omissions. All prices on the Website are quoted in U.S. Dollars.
Comments and Submissions.
You may submit comments and feedback by e-mail and through the Website’s Contact Us feature. From time to time the Website may provide other functionality to give you a means to express to us your opinions or share information, ideas, materials, photographs, and other content generated by you (each, together with any electronically submitted comments and feedback, a “User Submission”). You agree that you are solely responsible for any User Submission that you submit through the Website or directly to Davidson’s (including by e-mail). You warrant to Davidson’s that you own or otherwise control all rights necessary to provide each such User Submission made by you, and you covenant that, with respect to each such User Submission, (a) it will not contain your confidential information or any confidential information belonging to another; (b) it is accurate and will not cause injury to any person or entity; (c) you shall have all necessary rights and permission to make such submission; and (d) it does not infringe upon or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights. You agree to indemnify Davidson’s for all claims resulting from any User Submission you supply. Davidson’s has the right, but not the obligation, to monitor and edit or remove any User Submission at our absolute discretion. Davidson’s takes no responsibility and assumes no liability for any User Submission supplied by you or any third party.
By making any User Submission (including by e-mail) you waive any claim or requirement that we maintain the User Submission in confidence or compensate you in any way for our use of all or any part of the User Submission. Furthermore, you grant to Davidson’s a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, broadcast, translate, create derivative works from, distribute, display and otherwise exercise all rights in and to such submission, through the Website or otherwise, in any form, media, or technology now known or later developed, and, to the fullest extent permitted by law, you waive your moral rights in such User Submission.
Proprietary Rights to Website Content.
The use of the Website by you confers no license, express or implied, under any patents, copyrights, know-how, or technology. The content of the Website consists of (a) textual information, articles, opinions, directories, guides, and other text, graphics, photographs, illustrations, images, video and audio clips, music, advertising and promotional materials, data compilations, software, designs, button icons, and the graphical and non-graphical user interface of the Website, all of which are protected by U.S. and international copyright laws and are the property of Davidson’s or its content suppliers; (b) trademarks, logos, trade names, service marks, trade identities, and the domain names and URLs associated therewith, whether registered or unregistered (collectively the “Trademarks”), all of which are owned by Davidson’s or its content suppliers; and (c) other forms of intellectual property (all of the foregoing collectively and individually are referred to as “Website Content”). The compilation of all Website Content included in or made available through the Website is the exclusive property of Davidson’s and protected by U.S. and international copyright laws. The Trademarks may not be used in connection with any product or service by you in a manner that is likely to cause confusion in the marketplace, nor may the Trademarks be used in any manner that disparages or discredits Davidson’s. All Trademarks not owned by Davidson’s that appear in the Website Content are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Davidson’s. You do not acquire any ownership rights in any Website Content by using the Website or by virtue of downloading, printing, or using Website Content.
Use of the Website.
While using the Website, you agree that you will not (a) attempt to breach the security or authentication measures of any portion of the Website; (b) circumvent any technical measures we use to provide any feature or functionality of the Website; (c) access Website Content or log into a server that you are not authorized to access; (d) attempt to probe, scan, or test the vulnerability of a system or network without proper authorization; (e) attempt to interfere with or disrupt the Website or the servers or networks that support the Website; (f) interfere with any other user’s ability to access or use the Website, including, without limitation, by means of hacking or defacing any portion of the Website; (g) submit or distribute any virus, worm, spyware, malware, or any other computer code, file, program or technologies that may or is intended to harm, or otherwise interfere with, the operation of the Website, or the interests or property of any user of or content supplier to the Website; (h) log into an Account that you are not authorized to access; (i) impersonate any person or entity, misrepresent your affiliation with any person or entity, or use any means to disguise the origin of any User Submissions to us or through the Website; (j) state or imply that we endorse any statement made by you; (k) submit through the Website or directly to Davidson’s anything that is or may be: harmful, threatening, abusive, harassing, degrading, hateful, intimidating, defamatory, libelous, disparaging of any person or entity, misleading, false, fraudulent, tortious; obscene, indecent, pornographic, vulgar, profane, or sexually explicit; intended to promote violence, racial hatred, terrorism or illegal acts; infringing, or in violation or misappropriation of, any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property rights of any third party; (l) use any site search/retrieval application, robot, spider, or other manual or automatic device or process intended to retrieve, index or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; (m) use the Website in any way that would adversely affect Davidson’s or reflect negatively on Davidson’s goodwill, name or reputation; (n) “frame” or “mirror” or utilize any framing techniques to enclose any part of the Website Content; (o) use metatags, code or any “hidden text” or devices containing any reference to Davidson’s or the Website, or utilizing the Trademarks, in order to direct any person to any other website for any purpose; (p) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website; or (q) assist others to do any of the foregoing.
Disclaimer and Limitation of Liability.
TO THE FULLEST EXTENT PERMISSABLE BY APPLICABLE LAW, DAVISON’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, Davidson’s disclaims any and all warranties, express or implied, for any merchandise offered on this site. This disclaimer does not apply to any product warranty offered by the manufacturer of any item offered on the Website and does not serve to disclaim Davidson’s GuaranteeDSM Lifetime Replacement Warranty to the extent such warranty is applicable to a particular purchase transaction arranged through the Website.
Some jurisdictions may not allow the exclusion of implied or other warranties, or the limitation on liability described above, so the above exclusions and limitation on liability may not apply to you. IF ANY SUCH EXCLUSIONS OR LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DAVIDSON’S UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE PRICE PAID BY YOU FOR THE SPECIFIC PRODUCTS OR PORTION OF THE PRODUCTS PROVIDED BY DAVIDSON’S GIVING RISE TO YOUR CLAIM OR CAUSE OF ACTION, AND YOU SHALL INDEMNIFY DAVIDSON’S FOR ANY COSTS, EXPENSES OR DAMAGES INCURRED BY DAVIDSON’S IN EXCESS THEREOF.
Notice and Procedure for Making Complaints Regarding Website Content.
If you are a copyright owner and believe that any User Submission or Website Content infringes upon your copyrights, you may submit a notification to our Copyright Agent of your claims of copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). To comply with the DMCA, please provide the following information with your notice:
(a) The name of the owner of the exclusive right that is allegedly infringed, along with the name, address, telephone number, e-mail address, and a physical or electronic signature of a person authorized to act on behalf of the owner;
(b) A description of the exclusive right claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
(c) Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Davidson’s to locate the material, such as the URL or a description of where the alleged infringing material is located on the Website;
(d) A statement by the person authorized to act on behalf of the owner that the authorized person has a good faith belief that use of the material in the manner complained of is not authorized by the owner of the exclusive right, its agent, or the law; and
(e) A statement by the person authorized to act on behalf of the owner that the information in the notification is accurate, and under penalty of perjury, that the authorized person is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Davidson’s Copyright Agent for notice of claims of copyright or other intellectual property infringement, can be reached as follows:
By U.S. Postal Service:
Attention: Legal Department
6100 Wilkinson Drive
Prescott, AZ 86301
By electronic mail:
You acknowledge that when you use this Website or send e-mails, text messages, and other communications to Davidson’s, you are communicating with Davidson’s electronically. You consent to receive communications from Davidson’s electronically. You agree that all agreements, notices, disclosures, and other communications that Davidson’s provides to you electronically satisfy any legal requirement that such communications be in writing.
Enforcement and Termination.
Modifications of these Terms and the Agreement.