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ACCEPTANCE OF AGREEMENT
This is an agreement between you and Canadiangunnutz.com ("CGN"), and governs your use of the website accessible at the Internet addresses http://www.Canadiangunnutz.com and its content ("Website"), and the services and products provided through the website ("Services").
Every access to, or other use of, this Website, signifies your acceptance and agreement, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed, or to which you may be directed, in connection with this Website or any of the Services, as such may be modified by CGN from time to time (collectively the "Agreement"). Please note that the Agreement may be updated from time to time without notice to you, so please check this web page on every visit to the Website.
The website and services are solely directed to individuals, companies or other entities located in Canada who can form legally binding contracts under applicable law. The website may not be used by persons in jurisdiction where access to or use of the website or any part of it maybe illegal or prohibited. It is solely your responsibility to determine whether your use of the website is lawful and in compliance with local laws.
If you do not agree with any of the terms and conditions of this agreement, or are not authorized, or do not have legal standing to agree to and accept this agreement, you may not use the website.
You acknowledge and agree that CGN reserves the right at any time to modify, discontinue or refuse the whole, or any part of, the Website and Services, without notice to you, and that CGN will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.NO ADVICE OR SOLICITATION
The website and services are provided for convenience and information purposes only. They are not intended to be a comprehensive or detailed statement concerning any matters. They should not used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement , recommendation, or sponsorship of , any product or service. You should apply your own judgment in making use of any services or content provided on or through the website, including but not limited to, the use of any information contained therein as the basis of any decisions. You bear the full responsibility for your decision in regard to the purchase of any products or services. CGN does not provide or guarantee any advice in regard to the potential quality, value, delivery and any other aspects of any products or services that you based your decision on information obtained through the website.
ERRORS OR INACCURACIESThe Website will from time to time contain errors or inaccuracies. CGN makes no representation or warranty whatsoever regarding the accuracy of the information accessible on or through the Website, in particular any information regarding prices, quality product availability, deals or other promotions for any product or service. CGN cannot guarantee that goods or services advertised on the Website will be available on any terms and conditions (including price) described on or through the Website at any time. Further, CGN reserves the right to change the content available on and through the Website at any time without notice and without incurring any liability to you or any other person.
CGN collects and uses your personal information that you have input into the Website. By accepting this Agreement, and each time you use the Website, you consent to CGN's collection and use of your personal information. CGN reserves the right to disclose these information at the request of governmental entities when it is legally required to, or the information is reasonably believed to be related to a breach of this agreement or a contravention of the laws of Canada, a province, or a foreign jurisdiction that has been, is being or is about to be committed.
Your use of the website is at your own risk.
The website is provided on an “As is” and “as available basis, and without any representations, warranties or conditions of any kind, whether express or implied, including without limitation any representation, warranty or condition regarding the quality, suitability, truth, accuracy or completeness of any material, information, product, or service contained on or accessible through the website. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty or condition of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the fullest extent permitted by law.
Without limiting the generality of the foregoing, CGN makes no condition, representation or warranty that: the website will be compatible with your computer and software; the website will be available or will function without interruption or error; the information available on or through the website will be accurate, complete, or timely; the use of the website including the browsing and downloading of any information, will be free of any viruses, malicious coding and non malicious coding, including but limited to Trojan horses, worms or any other destructive and disruptive components; the transmission of information to and from the website will be secure. Or the use of the website will not infringe the rights ( including intellectual property rights) of any person.
Further, through your use of the website and services, you may have the opportunity to engage in commercial transactions with other persons. All such transactions are at your own risk. CGN is not a party to any such transactions and disclaims any and all liability in regard to all such transactions.
DISCLAIMER OF THIRD PARTY TRANSACTIONS AND CONTENT
The Website includes promotional information and advertisements relating to products and services of third parties ("Third Party" or "Third Parties") and may provide links to websites operated by third parties ("Third Party Site(s)"). CGN is an independent operation and does not endorse, and makes no representation or warranty in respect of: (a) any product or service of a Third Party; (b) any Third Party Site; or (c) any information, content, product or service available on or through a Third Party Site. Any correspondence, advertisement, purchase or promotion in relation to a Third Party, including without limitation the delivery of and the payment for Third Party products and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable Third Party. CGN has no liability, obligation or responsibility in relation to any such correspondence, purchase, promotion or other dealing between you and any such Third Party. CGN provides links to Third Party Sites only as a convenience. CGN has no control over, and is not responsible for, any Third Party Sites, or other linked sites, and their content. You agree that it is your responsibility to review and evaluate all the content on such Third Party Sites, and that any and all risk associated with the use of, or reliance on, such content rests with you. Links do not imply that CGN sponsors, endorses, or is affiliated or associated with any Third Party, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links. CGN shall not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any content on any Third Party Site. Without limiting the foregoing, as between you and CGN, the provisions of this Agreement under the sections headed Disclaimer, Limitation of Liability, and Indemnity apply, with all necessary modifications, to your dealings with any Third Parties and/or access to, and use of, any Third Party Sites.
LIMITATION OF LIABILITY
CGN WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR ANY DAMAGES FOR LOSS OF USE, PRODUCTION, INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), SAVINGS OR GOODWILL, ECONOMIC LOSS, OR OTHER INTANGIBLE LOSS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE SERVICES (INCLUDING THE USE, INABILITY TO USE , OR PERFORMANCE OF THE WEBSITE OR ANY SERVICES), AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY CGN, ITS VOLUNTEERS(INCLUDING MODERATORS AND ADMINISTRATORS), CONSULTANTS, CONTRACTORS, EMPLOYEE OR REPRESENTATIVES, AND NOTWITHSTANDING THAT CGN MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. CGN WILL NOT UNDERER ANY CIRCUMSTANCE BE LIABLE TO YOU OR ANY OTHER PERSON REGARDING TO CONTENTS POSTED IN THE WEBSITE FOR ANY DAMAGES RLEATED TO SLANDER AND LIBEL.
YOU EXPRESSLY ACKNOWLEDGE THAT CGN HAS ENTERED INTO THIS AGREEMENT, AND HAS AND WILL MAKE THE WEBSITE AND SERVICES AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CGN. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
PLEASE NOTE THAT THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LEGISLATION IN SOME JURISDICTIONS. SUCH LEGISLATIVE LIMITATIONS MAY APPLY TO YOU.
You agree to defend, indemnify and hold CGN, its affiliates, suppliers, licensors, licensees, co-branders, information providers, service providers, partners, directors, officers, employees, volunteers, contractors, consultants, agents and other related parties, harmless from and against any and all liabilities, claims, costs and expenses, including without limitation reasonable attorneys' fees and expenses, in connection with any claim or demand arising from, related to, or in connection with, your: (a) violation of this Agreement, (b) use of the Website or any of the Services, or (d) placement, posting or transmission of any message, information, software or other content on or through the Website. Further, you will assist and cooperate as fully as reasonably required by CGN in the defence of any such claim or demand.
You hereby grant CGN a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and unrestricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from, any and all content (in any format or media) you post on, or otherwise submit to, the Website ("Submission"), including any messages on CGN forums or discussion groups. You agree that CGN may preserve and disclose any Submission or other information associated with you or your account where required to do so by law or where such preservation or disclosure is reasonably believed by CGN to be necessary to ensure compliance with the law, enforce the Agreement or protect the rights and interests of CGN.
CGN, and applicable third parties, hold all right, title, and interest in and to the Website and associated content available on or through the Website, including without limitation all information in text, graphical, video and audio formats, images, icons, designs, software, applications ("Content"). You acknowledge that the Content is protected by Canadian and international copyright, patent, trademark, and other applicable intellectual property laws. You may print or download the pages of the Website solely for your lawful and personal use provided that you do not modify any of the Website pages or other Content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. Notwithstanding the foregoing, your use of the Website does not grant or transfer to you any ownership or other rights in the Website or any Content, and except as expressly provided, nothing herein or within the Website or any of the Services shall be construed as conferring to you or any other person any license under any of CGN's or any third party's intellectual property rights (whether by estoppel, implication, waiver, or otherwise), including without limitation any right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the Content in any manner.
Any information entered by users at registration can be manually edited by the users. CGN is not responsible for ensuring the accuracy of these information. Users who no longer wish to have their registration information made available to CGN are responsible for manually editing these information away on their own. To reduce the risk of fraudulant activities and that each person can only have one account at any one point of time, CGN will not delete any accounts.
PRIVATE MESSAGING AND EMAIL
You hereby grant CGN, its affiliates, suppliers, licensors, licensees, co-branders, information providers, service providers, partners, directors, officers, employees, volunteers, contractors, consultants, agents and other related parties the right to deliver messages to your private message address and email address(es). You agree to defend, indemnify and hold CGN, its affiliates, suppliers, licensors, licensees, co-branders, information providers, service providers, partners, directors, officers, employees, volunteers, contractors, consultants, agents and other related parties, harmless from and against any and all liabilities, claims, costs and expenses, including without limitation reasonable attorneys' fees and expenses, in connection with any claim or demand arising from, related to, or in connection with, messages delivered to your private message account and email address(es)
LINKING AND FRAMING
CGN permits other websites to link to the Website but the framing of the Website or any of its content in any form and by any method is strictly prohibited. Further and notwithstanding the foregoing, CGN reserves the right to cancel and revoke the permission to any party to link to the Website at any time, for any reason, without any notice, and without any liability to such party or any other person.
All information and content contained on, or made available over, the Website are subject to copyright protection. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of a duly authorized representative of CGN.
You must not be prohibited to possess firearms, or convicted of any firearms related offenses, at any one point in your life.
If you breach any provision of this Agreement, you may no longer use the Website. CGN may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person. If this Agreement or your permission to use the Website is terminated by you or CGN for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and anything connected with, relating to or arising from such use. If you are dissatisfied with the Website, any of the Services, or with this Agreement, including any terms, conditions, rules, policies, guidelines, or practices of CGN in operating the Website and the Services, your sole and exclusive remedy is to discontinue using the Website and the Services. The Disclaimers, Limitation of Liability, and Indemnity provisions in this Agreement shall survive any termination of this Agreement.
This Agreement constitutes the entire agreement between CGN and you pertaining to your use of the Website and the Services and supersedes any prior agreements between you and CGN. CGN's failure to insist upon or enforce strict performance of any right or provision of the Agreement shall not constitute, or be construed as, a waiver of any right or provision. If any provisions, or parts thereof, in this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions, or parts thereof, contained herein. You and CGN are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Website.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en anglais.
Terms and Condition of Team Membership Program
By applying for Team Membership, you agree to these terms and conditions:
The "Beaver" Canadiangunnutz logo is copyrighted. Use of the logo is restricted to those who have received the explicit permission of the site owner and creator of www.canadiangunnutz.com. The site owner possesses the right to the name "Canadiangunnutz". Use without permission is strictly prohibited.
The following rules will be strictly enforced. Violation may lead to temporary or permanent suspension from the site.
The following topics will not be tolerated. Violation will result in immediate and permanent suspension. Some quasi legal/ grey/downright illegal examples that are specifically not tolerated are:
These rules are here to ensure that CGN will be the premium firearms site for law abiding Canadian gun owners.
Policy for Harassment Using CGN Resources
Harassment using CGN resources is strictly prohibited. Harassment is defined as offensive, threatening, persistent or disturbing language and/or remark with the aim to target, insult, bully, humiliate, damage, cause loss and/or intimidate the recipient of the intended message through either private messaging or posting in the forums. This includes, and not limited to, the use of threats, swearing, slurs, slangs and/or any specific information of an individual.
Harassment of administrators and moderators of CGN will not be tolerated. CGN reserves the right to impose temporary or permanent suspension of members who harass administrators and moderators when they are carrying out their duties.
The business forums are the private forums of the paid business members. When you enter into their forums, you should see yourself as entering into their virtual store fronts. Therefore, it is a reasonable to behave in the same manner and observe the same etiquette as if you are meeting the store staff and owners in person. If you are rude or attempt to disrupt their business in their own forums or storefronts, they have the right to remove your postings and presence, and ask you not to post in their forums(or enter their storefronts) again. If you don’t cease and desist after you have been asked to stop by the store owner, that will be consider as harassment. If you do not agree with their prices, move along. The business forum is NOT the place you will use the prices of other businesses to attempt to obtain price match, or to advertise prices and availability of businesses other than the owner of that particular business forum.
Furthermore, if you have an issue with a business member, it is a common practice to make an attempt to resolve the issue with the business member privately. ( A reasonable person will not enter a store and scream at the top of him lung to gather everyone's attention and make a scene, will he?) If you have not been able to resolve this issue and made a posting in the forum, the issue could only be posted once. If a member has a particular issue with a business member and the issue is being purposely and repeatedly posted in the business member's forum, the business member can ask you to stop. If it continues, it will be treated as harassment and the moderator may step in and apply forum rules.
This policy is part of the forum rules. All forum rules will be enforced.
The Equipment Exchange (“EE”) forums are "use at your own risk" classifieds". CGN is not responsible for any losses and disputes related to transactions that are associated with these classifieds.
The EE forums are intended for the listing of personal items that are non profit seeking - profit seeking activities are only allowed for paid business members [ie. Dealers]; Linking in any forms to other firearms sites, such as on-line classified and on-line auction sites, is not allowed. Items that are posted in an any other websites will not be allowed to be posted in the equipment exchange forums of CGN.
Trade related disputes originating from the Equipment Exchange forums or with CGN business members [ie. Dealers] shall not be discussed in the forums. All disputes and feedbacks should be confined to the trader rating feedback system and private messaging. See FAQ “Guidelines for using CGN feedback system”
BASIC POSTING RULES
EDITING, BUMPING AND REMOVING POSTINGS
DISALLOWED ITEMS IN EQUIPMENT EXCHANGE
BEFORE GOING ANY FURTHER, You must read Fraud and Bad Deals Awareness
After you have completed reading the above and thoroughly understand the guidelines:
By doing so, you are agreed to have a clear understanding to the above rules and condition; Please Note: Failure to comply with these rules may result in temporary or permanent suspension of a member's Equipment Exchange privleges. Thank you for your co-operation.
User feedback is a user self-service. Compliance with the followings constitute a social contract with other traders in the community. Canadiangunnutz administrators and moderators will not be responsible for moderating, adjudicating and editing comments in the trader rating system. Users bear full responsibilities of all ratings and comments made in the Feedback Score System. Users further agree to give up all rights to sue for any form defamation and claim damages over comments and scores in the Feedback Scoring system. If you do not agree with the above, please cease the use of the Feedback Score System and notify the administrator of the forum to remove your access to the Equipment Exchange forums. Trade related disputes originated from Equipment Exchange forums shall not be discussed in the forums. All disputes and feedbacks should be confined to trader rating feedback system and private messaging.
Mandatory for all CGN traders to use trade rating system:
Suggestions to CGN traders:
How to leave a feedback:
Please click and read the following: Trader Rating FAQ
Trader Rating is a self-service system. Administration will not adjudicate, investigae and correct any mistakes or feedback that is left either intentionally or unintentionally. Think and confirm before posting a trader rating or feedback. A member has 60 days to edit a trader rating left by him/her.
First, Read the Following Rules and Guidelines
Further, there need not be any warning given for a post to be deleted, this is at the moderators discretion.
Distinctly Offensive - a post that is judged to be D.O. will have been voted on by members of the moderator panel and the admin. They will not be decided by one moderator, unless no one else is available to help vote on the issue. An example of a D.O. post would be one condoning violence against any identifiable group or race, be it LEO's, homosexuals, Muslims etc.
Tinfoil hat threads - If you persist on using Off Topic as your own soap box to spread your tinfoil hat agenda, you will lose your privilege to view and post.
Before application, your account must be acitve for at least 90 days since registration. Your application will be denied and no notification will be sent if this requirement has not been met
By doing so, you are agreed to have a clear understanding to the above rules and condition; Any violation can lead to a tempoary membership ban by Mods and Admins.
Last but not least, enjoy the forum and have fun!
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