Visitor Agreement

Visitor Agreement

Visitor Agreement
January 1st, 2017

Welcome to GUNDOGS.Com, a service of GUNDOGS Inc. By using this website, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and GUNDOGS.Com; please read it carefully.

General Provisions

GUNDOGS.Com respects your privacy. Please take a moment to review our privacy statement. We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to info@gundogs.com, along with an explanation of your objection. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by sending email to info@gundogs.com. The World Wide Web is an evolving medium. GUNDOGS.Com may change the terms of this agreement from time to time. By continuing to use this website following our posting of such changes, you agree to be bound by this agreement, as modified. GUNDOGS.Com may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time. The material that appears on GUNDOGS.Com is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing a dog, shotgun or other goods or services you’ve read about on GUNDOGS.Com, you should confirm with the seller any information (including the price) that is important to your purchasing decision. GUNDOGS.Com is not responsible for, and does not guarantee the performance of, any such dog, shotgun or other goods or services.

Buying and Selling Dogs and Shotguns

GUNDOGS.Com is a listing and information service that brings together buyers and sellers. Information about a particular dog or shotgun is supplied by the seller, not by GUNDOGS.Com. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on GUNDOGS.Com often exclude sales tax, shipping or FFL fees. Though we hope that all who come to GUNDOGS.Com will act honorably and treat each other fairly, we can’t verify the information sellers supply or guarantee the items they offer. Nor can we assure the seller of an item that the check he/she gets from the buyer isn’t going to bounce or be returned by the issuing bank. When using this website to find a buyer for your dog or shotgun or a dog or shotgun you can buy, we urge you to use the same common sense and good judgment you would use in selling a dog or shotgun through, or responding to, a classified ad in the newspaper.

Please read our fraud awareness tips before you buy or sell a dog or shotgun through a classified ad, whether on GUNDOGS.Com or in your local newspaper. There is no substitute for healthy skepticism and your own good judgment.

In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay display of your listing. We may also screen some email messages sent to sellers about products or services listed on GUNDOGS.Com. If it appears that your email message has not reached the seller of the product or service you’re inquiring about, you might try inquiring by telephone if the seller has provided a telephone number. Some internet service providers like AOL are very restrictive on what email is considered spam or not. So it’s always a good idea to try to send a message to yourself via your advertisement and also make sure info@gundogs.com is in your address book.

When you offer a dog or shotgun for sale through GUNDOGS.Com, you must be prepared to sell the item at the price at which, and the terms on which, you’ve listed it. You must have possession of the actual item listed and the ability to transfer ownership. To list a dog, shotgun or goods and services for sale on GUNDOGS.Com, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not use our website to promote, without our prior written permission, any other website, product or service.

Responsibility for the information contained in each listing lies with each seller. You alone are responsible for material you post and for the content of all email messages you transmit through GUNDOGS.Com. Nothing will undermine a user’s confidence in the goods or services you’re looking to sell faster than inaccurate statements or misleading representations about the goods or services. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat other GUNDOGS.Com users fairly and honorably.

Though we can’t monitor every transaction that originates through a listing on GUNDOGS.Com, we may perform random quality assurance tests to confirm that those who offer goods or services for sale over GUNDOGS.Com are prepared to sell what they advertise at the prices at which, and the terms on which, they advertise them. If our tests reveal, or we otherwise learn, that a seller is engaging in “bait and switch” or other unfair or deceptive practices, GUNDOGS.Com reserves the right to deny that seller use of advertising service.

Links to Other Sites

For your convenience, we make available a variety of links to other websites that we don’t operate where you can obtain hunting related products and services. Although we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these websites. GUNDOGS.Com is not responsible for the products or services these websites provide. You release GUNDOGS.Com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services.

Ownership and Permissions

GUNDOGS.Com is made available for your personal, non-commercial use only. The materials on this site are the property of GUNDOGS.Com or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may display and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from the owner.

You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by GUNDOGS.Com or any of its affiliates. However, without the prior written permission of GUNDOGS.Com, you may not frame any of the content of GUNDOGS.Com, nor incorporate into another website or other service any intellectual property of GUNDOGS.Com or its licensors.

GUNDOGS.Com and the GUNDOGS.Com logo, which are trademarks of Gundogs Inc. The names of other products and services referred to on the site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on GUNDOGS.Com without the prior written consent of the owner of the mark. All contents of this site are: Copyright 2007-2017 GUNDOGS Inc. and/or its licensors. All rights reserved.

By submitting any content to GUNDOGS.Com, you are permanently granting GUNDOGS.Com all rights to the material, including a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media without compensation to you, and to maintain the material in an archive. Among other things, GUNDOGS.Com uses listings data to derive other useful information (such as shotgun valuation information) for display, sale and distribution. You further grant to GUNDOGS.Com and its affiliates and successors the perpetual right to use your name, image and likeness in connection with such content, if they choose, without compensation to you.

Although GUNDOGS.Com does monitor/moderate all the listings and content posted to our website, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to GUNDOGS.Com. However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our site, our advertisers, the public or GUNDOGS.Com. Notwithstanding the foregoing, GUNDOGS.Com takes no responsibility and assumes no liability for any content posted to our website by you or other third parties.

Disclaimer of Warranties, Limitation of Liability, and Indemnification

IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU “AS IS.” GUNDOGS.Com AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GUNDOGS.Com AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO OUR WEBSITE BY YOU OR ANY OTHER THIRD PARTY.

UNDER NO CIRCUMSTANCES WILL GUNDOGS.Com OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF GUNDOGS.Com AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS GUNDOGS.Com, ITS EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY LISTING YOU PLACE THROUGH OUR SERVICE.

Registration

To obtain access to certain GUNDOGS.Com services, you will be given an opportunity to register with GUNDOGS.Com. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing GUNDOGS.Com through any username/password assigned to you. You will notify GUNDOGS.Com of any known or suspected unauthorized use of your account.

Miscellaneous

No spamming or data/screen scraping. We want potential buyers visiting GUNDOGS.Com to feel free to share their email addresses with those listing goods and services for sale on our site. By listing items for sale on this site, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that item. By using this website, you agree not to use information concerning other users of GUNDOGS.Com, or the goods or services they’ve listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of listed goods or services.

This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the State of Michigan. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Huron County, Michigan in all disputes arising out of or relating to this Agreement or use of this website.

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