1. ACCEPTANCE OF TERMS
Should you object to any term or condition immediately discontinue use of MONTANA GUN CLASSIFIEDS.
2. MODIFICATIONS TO THIS AGREEMENT
MONTANA GUN CLASSIFIEDS reserves the right, at its discretion, to change, modify or otherwise alter these terms and conditions at any time.
a) You hereby certify that you are 18 years of age or older.
b) Users with questions about firearm transfers should contact the BATFE at 1-800-ATF-GUNS or visit the website at ATF.GOV
c) You understand as a user of the MONTANA GUN CLASSIFIEDS site that you are 100% responsible for the legality of any and all transactions.
d) Users are responsible for obeying and obligated to obey all applicable federal, state, municipal and local laws, rules, regulations, ordinances and judicial decisions, including without limitation all licensing requirements.
e) You understand that MONTANA GUN CLASSIFIEDS does NOT become involved in transactions between parties and does not certify, investigate or in any way warrant the legal capacity of any party to transact.
f) You understand that all postings, messages, text, images, photos, video, sounds, or other materials posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post via the Service. You understand that MONTANA GUN CLASSIFIEDS does not control, and is not responsible for content made available through the service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the MONTANA GUN CLASSIFIEDS site and Content available through the Service may contain links to other websites, which are completely independent of MONTANA GUN CLASSIFIEDS.
MONTANA GUN CLASSIFIEDS makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will MONTANA GUN CLASSIFIEDS be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that MONTANA GUN CLASSIFIEDS does not pre-screen or approve Content, but that
MONTANA GUN CLASSIFIEDS shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The MONTANA GUN CLASSIFIEDS site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of MONTANA GUN CLASSIFIEDS, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that MONTANA GUN CLASSIFIEDS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that MONTANA GUN CLASSIFIEDS is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MONTANA GUN CLASSIFIEDS from claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or the service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected
his settlement with the debtor.”
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify MONTANA GUN CLASSIFIEDS for notice of claims of copyright or other intellectual property infringement, to adminatmontanagunclassifiedsdotcom
Please provide the following Notice:
a) Identify the material on the MONTANA GUN CLASSIFIEDS site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf
of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
MONTANA GUN CLASSIFIEDS will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
You further acknowledge and agree that MONTANA GUN CLASSIFIEDS may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of MONTANA GUN CLASSIFIEDS, its users or the general public.
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area
of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
f) that includes personal or identifying information about another person without that person’s explicit consent;
g) that is false, deceptive, misleading, deceitful, mis-informative, or constitutes “bait and switch”;
h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
i) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
j) that constitutes or contains any form of advertising or solicitation if: posted in areas of the MONTANA GUN CLASSIFIEDS sites which are not designated for such purposes; or emailed to MONTANA GUN CLASSIFIEDS users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
k) that includes links to commercial services or web sites, except as allowed in “friends and vendor services”;
l) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
m) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
n) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
o) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
p) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
q) “stalk” or otherwise harass anyone;
r) collect personal data about other users for commercial or unlawful purposes;
s) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by MONTANA GUN CLASSIFIEDS;
t) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
u) post the same item or service in more than one classified category or in more than one area;
v) attempt to gain unauthorized access to MONTANA GUN CLASSIFIEDS’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or
the MONTANA GUN CLASSIFIEDS website; or
w) use any form of automated device or computer program that enables the submission of postings on MONTANA GUN CLASSIFIEDS without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
x) use any form of automated device or computer program (“reporting tool”) that enables the use of MONTANA GUN CLASSIFIEDS’s “reporting system” or other community moderation systems without each report being manually entered by the person that initiates the report (an “automated reporting device”), or use the flagging tool to remove posts of competitors, or to remove posts without a
good faith belief that the post being flagged violates these TOU;
8. POSTING AGENTS
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To
moderate demands on MONTANA GUN CLASSIFIEDS’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from MONTANA GUN CLASSIFIEDS. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from MONTANA GUN CLASSIFIEDS.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to MONTANA GUN CLASSIFIEDS email addresses or through MONTANA GUN CLASSIFIEDS computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of MONTANA GUN CLASSIFIEDS computer systems is a violation of these Terms and such violations may subject the sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
11. LIMITATIONS ON SERVICE
You acknowledge that MONTANA GUN CLASSIFIEDS may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that MONTANA GUN CLASSIFIEDS has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that
MONTANA GUN CLASSIFIEDS reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that MONTANA GUN CLASSIFIEDS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICE
MONTANA GUN CLASSIFIEDS grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by MONTANA GUN CLASSIFIEDS. A limited exception to (b) is provided to general purpose internet search
engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
MONTANA GUN CLASSIFIEDS permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100)
postings, your use will be presumed to be in violation of the TOU, absent express permission granted by MONTANA GUN CLASSIFIEDS to do so. You may also create a hyperlink to the home page of MONTANA GUN CLASSIFIEDS sites so long as the link does not portray MONTANA GUN CLASSIFIEDS, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
MONTANA GUN CLASSIFIEDS offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. MONTANA GUN CLASSIFIEDS permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for
personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to ‘MONTANA GUN CLASSIFIEDS’ as the source, (d) your use or display does not suggest that MONTANA GUN CLASSIFIEDS promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden MONTANA GUN CLASSIFIEDS’s systems. MONTANA GUN CLASSIFIEDS reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by MONTANA GUN CLASSIFIEDS immediately terminates said permission or license.
13. TERMINATION OF SERVICE
You agree that MONTANA GUN CLASSIFIEDS, in its sole discretion, has the right (but not the obligation) to delete or deactivate your posts, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if MONTANA GUN CLASSIFIEDS believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that MONTANA GUN CLASSIFIEDS shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of MONTANA GUN CLASSIFIEDS. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of MONTANA GUN CLASSIFIEDS, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE MONTANA GUN CLASSIFIEDS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE MONTANA GUN CLASSIFIEDS SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MONTANA GUN CLASSIFIEDS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE MONTANA GUN CLASSIFIEDS SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MONTANA GUN CLASSIFIEDS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MONTANA GUN CLASSIFIEDS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE MONTANA GUN CLASSIFIEDS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MONTANA GUN CLASSIFIEDS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MONTANA GUN CLASSIFIEDS SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MONTANA GUN CLASSIFIEDS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MONTANA GUN CLASSIFIEDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MONTANA GUN CLASSIFIEDS SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MONTANA GUN CLASSIFIEDS SITE OR THE SERVICE, FROM INABILITY TO USE THE MONTANA GUN CLASSIFIEDS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MONTANA GUN CLASSIFIEDS SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MONTANA GUN CLASSIFIEDS SITE OR THE SERVICE OR ANY LINKS ON THE MONTANA GUN CLASSIFIEDS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MONTANA GUN CLASSIFIEDS SITE OR THE SERVICE OR ANY LINKS ON THE MONTANA GUN CLASSIFIEDS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold MONTANA GUN CLASSIFIEDS harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
18. GENERAL INFORMATION
The TOU constitute the entire agreement between you and MONTANA GUN CLASSIFIEDS and govern your use of the Service, superseding any prior agreements between you and MONTANA GUN CLASSIFIEDS.