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Terms of Use for BarrelExchange.com

Eligibility

Our services are available only to individuals who can form legally binding contracts under applicable law.  Our services are not available to minors, convicted felons, or anyone else prevented by law or court order from purchasing firearms, ammunition or shooting accessories or to any individual or individuals who has been banned from using BarrelExchange.com by BarrelExchange.com management.

 

BarrelExchange.com is a venue

BarrelExchange.com is a venue that allows users to find and buy items from other users of the site.  While we provide the means to do so, we are not involved in the actual transaction between buyers and sellers.

Warranties

Because we are a venue, BarrelExchange.com makes no guarantee that any seller or ad on our system is legitimate. It is the buyer's responsibility to verify that the seller and item actually exist and that the item will be sent.  Our site acts as a venue to allow anyone to offer, sell, and buy firearms and shooting related items and accessories.  We are not involved in the actual transaction between buyers and sellers.   As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.

Non-US Buyer/Sellers

Buyers and sellers from countries other than the United States of America are welcome on BarrelExchange.com.  Applicable laws and regulations of the countries of residence of both buyer and seller must be followed for the purchase and transfer of firearms and other items. Non-US sellers are allowed to list items on BarrelExchange.com.  Applicable laws of the countries of residence of both buyer and seller must be followed and non-us sellers must disclose their county of residence and, if different, the country in which the item is located in the description portion of the listing.  In addition to abiding by all US federal, state and local laws governing the sale and purchase of firearms, U.S. Customs regulations apply to the importation and exportation of firearms . Failure to file the proper paperwork before shipping the item will result in the firearm being confiscated by U.S. Customs.  Those residing in countries with which the United States Government has current trade embargos are forbidden to use this site.   Buyers and sellers are forbidden to do business through BarrelExchange.com with anyone from or residing in those countries.

Listing Items for Sale

By listing items for sale on this site you represent to us that you have a legal right to sell the items you list and that your items do not infringe on the intellectual property of any third party.  Descriptions of items must be truthful and accurate.

The sale of your item(s) advertised on this site: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (f) shall not contain any viruses, Trojan horses, worms, other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Illegal Items

By registering as a member of and using this site you agree that all transactions do not violate any applicable local, state, federal and/or international laws.

You may not post on our site or sell through our site any: (a) item that, by paying to us the applicable fees for using the services of the site, could cause us to violate any applicable law, statute, ordinance or regulation.  You may not post an item that is illegal to sell or possess, instructions/kits/plans/parts designed to illegally convert firearms to full-auto fire, instructions / kits / plans / parts designed to illegally build silencers, or instructions on how to build bombs or explosives.  

Intellectual Property

All users of BarrelExchange.com are required to comply with US copyright laws.  You agree to refrain from posting or transmitting any materials that infringe on any person or entity's intellectual property, including copyright, patent, trademark or any other proprietary rights or interest.  See the U.S. Copyright Office  web site and the Digital Millennium Copyright Act (DMCA) which governs copyright use through online services. 

If you believe that materials posted on this site violate your copyright you can contact the site's designated agent as per the DMCA and file a claim of infringement.

Reporting Copyright Infringement

In accordance with the Digital Millennium Copyright Act (DMCA) this site has designated an agent to receive notifications of claimed copyright infringement. The DMCA requires that all claims of infringement be in writing and include all of the following:

  1. A signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. This is typically the signature of the copyright owner.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is 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 the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and email address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright infringement claims that do not include complete information as specified above will not be processed. To report alleged copyright infringements on this site please contact the designated DMCA agent:

Robert E. Whitley, Sr.
Whitley, Hampton & Morgan, PC
750 Hammond Drive
Building 12, Suite 100
Atlanta, GA 30328

Once a claim is received the designated agent will review the claim and, if the claim appears valid, BarrelExchange.com will remove the allegedly infringing material from the web site. The party who posted the allegedly infringing material can file a written rebuttal to the infringement claim with the designated agent. If a written rebuttal is received and appears to be valid then the allegedly infringing material may be reposted and there is no further recourse available through this site. At that point the complaining party will have to file suit in a court directly against the infringing party.

System Abuse / Termination

BarrelExchange.com reserves the right to refuse service to anyone and will exercise that right at our discretion.  We reserve the right to terminate your account as well as any future service to you if you fail to conform to this User Agreement or other rules of this site, or are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with or outside of our site.  You agree to be liable for and to pay for any costs incurred by this site for your misuse of the site or for your violation of any of the site's rules or any laws, rules or regulations of any local, state or federal agency.

Abusiveness or use of profanity directed toward this site or its personnel will result in immediate termination of the User's account, will result in a notation appearing on the User's feedback and could result in legal action being taken against you.

Payments of Fees

Any and all payments made to BarrelExchange.com are non-refundable.  If you use a credit card, our billings may appear under the name ShootersXchange.com, Shooters Exchange LLC, or BullyBully Holdings LLC.

By placing a credit card on file with us you expressly authorize us to charge your card for any fees you accrue as a result of using (or misusing) this site. You authorize us to consolidate balances from any duplicate accounts you may have created on our site and bill them to your credit card. You may revoke your authorization by sending a written request to BarrelExchange.com, c/o BullyBully Holdings LLC, 10 Glenlake Parkway, Suite 130, Atlanta, GA 30328. We reserve the right to continue to bill your card for any services rendered prior to receipt of your written request, or for any fees accrued for any action taken prior to the receipt of your written request (such as any active item listings posted prior to receipt).

By using a credit card to pay us you agree to unconditionally waive any and all 'chargeback' rights. If you have a question about a charge on your credit card you agree to contact us as described on our Contact Us page. If you deliberately or inadvertently issue a 'chargeback' to your credit card, your account will be terminated and you agree to pay a $50 processing and collection fee to cover our costs for processing the chargeback for each and every chargeback initiated. Failure to pay these fees will result in your account being turned over to a collection agency and we will pursue civil and criminal legal actions to the fullest extent of the law.

Past due accounts will be terminated and the seller's listings removed from the site.  Promotional offers, including free or discounted listings, will be void if your account is more than 30 days past due.  Accounts that are or have been past due will have their credit limit reduced to zero. Past due balances will be subject to a finance charge of 1.5% per month or the highest amount permitted by applicable law; whichever is lower. If your account is past due you agree to pay any and all collection costs including but not limited to court costs, attorney's fees, collection agency fees, and administrative costs.

Returned checks are subject to a $25.00 returned check fee.  The writing of bad checks will be prosecuted.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time.

We do not accept payment in any form for any item(s) that are sold.  Buyers must remit payment directly to the seller for any item purchased. 

Fee Avoidance.  Attempting to circumvent or avoid paying our fees is prohibited. Fee avoidance will result in termination of the user's account.

Examples of Fee Avoidance include:

  • Using contact information obtained from BarrelExchange.com or using any BarrelExchange.com feature to offer to sell merchandise outside of BarrelExchange.com.
  • Canceling a listing to sell the item to anyone who contacted the seller through BarrelExchange.com or became aware of the item through BarrelExchange.com. 
  • Offering in a listing the opportunity to purchase the item or other merchandise outside of BarrelExchange.com.

Scheduled Maintenance / System Downtime

System maintenance will be scheduled periodically and may or may not cause system downtime.

Amendments / Discontinuation of Service

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site.  This Agreement may not be otherwise amended except in a writing signed by you and BarrelExchange.com.  BarrelExchange.com reserves the right to modify or discontinue the service offered by this web site with or without notice to users.  BarrelExchange.com shall not be liable to users or any third party should we exercise our right to modify or discontinue service.

Laws

These Terms of Service shall be governed by and construed in accordance with the laws of the state of Georgia. Users of this Site agree to submit to the exclusive jurisdiction of the courts of the state of Georgia.  If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This Site's failure to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by an Officer of BarrelExchange.com in writing. Users and this Site agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in these Terms of Service are solely used for the convenience of parties that have no legal or contractual significance.

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