GunBroker.com Seller Agreement
Effective as of August 4, 2023
WHEREAS, the parties hereto wish to set forth the terms and conditions under which User (“Seller”) may use the Services through GunBroker.com in connection with the OutdoorPay payment platform (“OutdoorPay” or “the payment platform”) to enable such Sellers to offer goods and services for sale to their potential customers (“Customers” or “Buyers”) on GunBroker.com (“the Site”).
WHEREAS, GunBroker.com offers to its Sellers certain consumer payment options through the payment platform and related application programming interfaces (“APIs”), virtual card networks, and other technology and access solutions (collectively, the “Services”); and
WHEREAS, Seller wishes to use the payment platform to accept payment from Customers for goods and services offered for sale on the GunBroker.com site.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and intending to be legally bound hereby, GunBroker.com and Seller agree as follows:
1. User Obligations. In connection with GunBroker.com providing OutdoorPay for Customers to purchase goods and services sold by Seller on the Site, and in addition to the terms and conditions set forth on the Site and in the GunBroker.com User Agreement, Seller promises to:
a. Not to discriminate against or disadvantage any Customer who wishes to use the Services in transactions with Seller (relative to its transactions involving any other methods of payment) in any way, including, without limitation, by imposing any surcharge, fee or other amount on Customers solely because such Customer wishes to or has used the Services in connection with Customer’s transaction with Seller; or excluding transactions made through OutdoorPay from receiving or participating in any discounts, rebates, savings, offers, incentives, or loyalty program benefits, points or rewards, which may be offered by Seller to its Customers in a manner such that the difference may result in a violation of payment networks rules and applicable law, including the unfair and deceptive acts or practices;
b. Not to make any statements, commitments, representations or warranties with respect to OutdoorPay, or to the Services, or use any materials to promote the Services except as authorized in advance and in writing by GunBroker.com;
c. Not to utilize any autodialer, prerecorded or artificial voice message, ringless voicemail, or otherwise initiate any calls or text messages to consumers promoting or otherwise relating to the Services;
d. To require Customers to use Customers’ own personal electronic devices to complete the application process for the Services. (Seller may not use Seller’s devices or directly assist Customers in their purchase of goods and services on the Site);
e. To promptly notify GunBroker.com of (i) any changes to goods and services for Customers that would result in a change to the cost of goods and services that have been submitted for purchase or payment through the Services by sending such changes to GunBroker.com through GunBroker.com’s customer support systems and (ii) any complaints by a Customer regarding the Services; and
f. That Seller will not market or offer Services to a Customer who is an entity client of Seller, including corporations, partnerships, and sole proprietorships, and would use the Services for commercial or business purposes.
2. Representations, Warranties and Covenants. Seller hereby represents and warrants to GunBroker.com that, as of the effective date of this Agreement and on each day during the term of this Agreement, that:
a. If Seller is a business entity, it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or formation; and if Seller is an individual, that it is not under any restriction or legal disability;
b. It has the requisite power and authority and the legal right to purchase goods and services through GunBroker.com;
c. It has all necessary licenses, permits, consents or approvals from or by, and has made all necessary notices to, all governmental authorities, state bar, licensing board or courts having jurisdiction, to the extent required for the goods and services;
d. It is in compliance with its organizational documents;
e. It has never violated any United States federal, state, local or administrative law (including common law), statute, rule or regulation, regulatory statements or trade sanctions regimes for transactions involving goods and services it wishes purchase through GunBroker.com;
f. It will comply with any training materials provided to it for use of the OutdoorPay payment platform; and
g. it has not ceased to pay its debts in the ordinary course of business nor is it unable to pay its debts as they become due, or (2) its financial condition is not such that the sum of its liabilities is greater than all of its assets.
3. Chargeback and Return Process.
a. Chargeback: Seller acknowledges and agrees that Seller will be liable for any Customer credit or debit card chargebacks. A chargeback is a right under the federal Fair Credit Billing Act and payment network rules that allows card issuers to file a dispute on behalf of its customers related to a card transaction. Chargebacks can occur from 90 to 120 days after payment.
The chargeback process occurs as follows:
· Customer (Buyer) will initiate disputes the transaction with their card issuer and the card issuer will initiate a chargeback in accordance with the applicable payment network’s chargeback rules.
· Seller will be notified of the chargeback submission through OutdoorPay. The chargeback will result in the reversal of the card payment transaction, and the chargeback transaction amount plus a chargeback fee payable to GunBroker.com will be deducted from the Seller’s designated bank account.
· To dispute the chargeback, Seller must submit any evidence of the purchase transaction and any other defenses to Customer’s chargeback claim through OutdoorPay. Seller may be asked to provide information and documents to GunBroker.com for it to conduct an investigation.
· The Customer’s card issuer will then examine the submitted rebuttal evidence from Seller and make a decision. If the card issuer rules in Seller’s favor, the chargeback transaction amount will be returned to Seller’s designated bank account. Seller will still be responsible for the chargeback fee. If the card issuer rules in Customer’s favor, the chargeback transaction amount is retained by Customer (not returned to the Seller). Customer must return any received good and service to Seller if Customer prevails in the chargeback process.
Fees for chargebacks, returns, and other kinds of transactions are detailed GunBroker.com’s Fee Schedule. See Fees page
b. Return: To initiate a return of goods or services, the Customer will typically contact the Seller to seek a return. The return will be subject to the Seller’s return policy and at the discretion of the Seller. Seller must have a published return policy that covers conditions such as restocking fee, who pays for shipping, how the returned item must be packed, and other matters. Once the Seller agrees to a return, the Customer returns the item to the Seller and the Seller issues a refund directly to Customer. The Seller may be charged a fee for GunBroker.com processing a return. Fees for chargebacks, returns, and other kinds of transactions are detailed in the GunBroker.com’s Fee Schedule. See Fees page
4. Compliance with Applicable Law. Seller shall comply in all respects with all United States federal, state, local or administrative law (including common law), statute, rule or regulation, regulatory guidance, court rules, or bulletin, decree or order, or any other interpretation of a governmental authority or regulator thereunder, applicable to the offering of its services to Customers, Seller’s business transactions will comply with anti-money laundering, import/export regimes set forth on Site.
5. Compliance with GunBroker Seller Agreement. Seller shall comply with all provisions of this Agreement as it now exists or hereafter amended in all respects relating to listing goods and services for sale on the Site, communications with Customers, interaction with Customers, dispute resolution and other applicable provisions.
6. U.S. Sanctions. In using the Services, and in entering into or facilitating transactions herein, Seller warrants to GunBroker.com that Seller is not: (A) included on a U.S. Sanctions/Export List or otherwise a target of any U.S. Sanctions/Export Laws; (B) directly or indirectly owned or controlled by any person included on a U.S. Sanctions/Export List or otherwise a target of any U.S. Sanctions/Export Laws; (C) located, organized or resident in a country or territory that is, or whose government is, the target of any U.S. Sanctions/Export Laws; or (D) the subject of any investigation by a U.S. governmental entity for violation of U.S. Sanctions/Export Laws. If the preceding sentence becomes untrue in whole or in part for any reason, Seller agrees to notify GunBroker.com promptly.
Seller also agrees and promises that Seller will not participate in or facilitate any conduct, commercial or otherwise, in which a Customer may be in violation the aforementioned sanctions.
7. Seller’s Use of OutdoorPay. With respect to OutdoorPay, Seller agrees as follows:
a. Seller shall use the Site, OutdoorPay, and the Services for the sole purpose of selling goods and services through the Site;
b. Customer payments for Seller’s goods and services will be held in an escrow account until the goods or service are shipped to the Customer;
c. Money transmission services are provided by Priority, directly or through its subsidiary Finxera, Inc. (NMLS #1168701) or its authorized affiliates and contractors. Seller further understands that Finxera is contractually obligated to receive, hold, disburse and transfer all funds or other property solely in accordance with the terms and conditions expressly provided herein, and Finxera will be directly liable to such users;
d. GunBroker.com and its affiliates will never hold the funds or direct payment of funds;
e. Customers’ payment instructions regarding disposition of funds will be made directly to Finxera and authorize Finxera to act upon such instructions;
f. Finxera will disburse and transfer funds solely in accordance with Customers’ payment instructions;
g. GunBroker.com’s role in transactions initiated through the Site or GunBroker Marketplace is limited solely to connecting buyers and sellers and facilitating the lawful sale of goods and services;
h. Seller shall not use any marketing media or other communication with any Customer or other user of the Site and marketplace, or any communication with any third party (including any government official), that in any way suggests or implies that GunBroker.com will receive, disburse or transfer the funds or other property of any person or entity, or otherwise suggest or imply anything inconsistent with the terms and conditions of this Agreement;
i. GunBroker.com will not charge or directly or indirectly receive any compensation for the express purpose of receiving, holding, disbursing or transferring funds or other property of any person or entity;
j. GunBroker.com is not an authorized money transmitter or escrow agent, and does not represent that it is an authorized holder of money or property of any person or entity other than itself;
8. ACH Authorization. By accepting this agreement, Seller authorizes GunBroker.com or and its payment providers to initiate ACH debit and credit entries to Seller’s designated bank account. Seller authorizes GunBroker.com and its payment providers to electronically credit Seller’s designated bank account for any Customer’s payment for Seller items sold on the Site and to electronically debit Seller’s designated bank account to correct erroneous credits, to reverse any chargeback transaction amounts, and collect of fees for Services. If funds are not available in Seller’s designated bank account for any debit, GunBroker.com or and its payment providers may reattempt the entry. This ACH authorization will remain in effect until revoked by Seller.
9. Agreement to Receive Electronic Communications By accepting this agreement, Seller agrees that GunBroker.com may provide Seller with any communications or notices in electronic format, and that GunBroker.com may discontinue sending paper communications to Seller, unless and until Seller withdraw Seller’s consent to electronic notices as described below. Seller’s consent does not mean that GunBroker.com must provide documents electronically, but instead that GunBroker.com may deliver some or all of those documents electronically.
a. Seller’s consent to receive electronic communications includes, but is not limited to: Legal and regulatory disclosures and notices associated with the Services that Seller apply for, use, or access; initial disclosures, notices, and terms and conditions related to Seller’s and Customer’s use of Site, OutdoorPay or the Services, and privacy policies and notices;
b. Method of providing communications to Seller in electronic form. Seller agrees that all communications that GunBroker.com provide to Seller in electronic form can be provided either (1) via e-mail, (2) via text, or (3) by access to GunBroker.com’s website;
c. How to withdraw consent. Seller may withdraw Seller’s consent to receive communications in electronic form at any time. To withdraw Seller’s consent, Seller can send GunBroker.com an email at [email protected] Seller’s withdrawal of consent will become effective after GunBroker.com has had a reasonable opportunity to act upon it;
d. How to update Seller’s contact information. Seller must provide GunBroker.com with a valid email address so that GunBroker.com may contact Seller regarding Seller’s account. Seller agrees to maintain a valid email address and to promptly notify GunBroker.com of any changes to Seller’s email address. Seller can update Seller’s email address by contacting GunBroker.com via email at [email protected]
e. Required hardware and software. To access, view, and retain electronic communications that GunBroker.com make available to Seller, Seller must have: an up to date Internet browser supported by GunBroker.com (such as Microsoft Edge, Mozilla Firefox, Google Chrome, or Safari); a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader); an email account; and a personal electronic device with a connection to the Internet capable of receiving, accessing, displaying, and either printing or storing communications received from GunBroker.com in electronic form via a plain text-formatted email or by access to our GunBroker.com website using one of the browsers specified above.
f. Changes to hardware or software requirements. GunBroker.com will notify Seller if GunBroker.com’s hardware or software requirements change, and whether that change creates a material risk that Seller would not be able to access or retain electronic communications that GunBroker.com provide and/or make available to Seller. Continuing to use any GunBroker.com resource after receiving notice of the change is reaffirmation of Seller’s consent to the changes.
g. Requesting paper copies. Seller can obtain a paper copy of an electronic communication by printing it or by requesting that GunBroker.com mail Seller a paper copy, provided that such request is made within a reasonable time after GunBroker.com first provided the electronic communication to Seller. To request a paper copy, contact GunBroker.com via email at [email protected] or by telephone at 720-223-0164. Seller may have to pay a fee for the paper copy as set forth in the GunBroker’s.com Fees schedule GunBroker.com may always, in its discretion, provide Seller with any communication in writing, even if Seller has chosen to receive it electronically.
h. Federal Law. Seller acknowledges and agrees that Seller’s consent to electronic communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that Seller and GunBroker.com both intend that the Act apply to the fullest extent possible to validate GunBroker.com’s ability to conduct business with Seller by electronic means.
i. Termination/Changes. GunBroker.com reserves the right, at GunBroker.com’s sole discretion, to discontinue the provision to Seller of electronic communications, or to terminate or change the terms and conditions on which GunBroker.com provides electronic communications. GunBroker.com will provide Seller with notice of any such termination or change as required by law.
10. Enforcement. Except as expressly set forth herein, this Agreement is for the benefit of, and may be enforced only by, GunBroker.com and Seller and their respective successors and permitted transferees and assignees, and is not for the benefit of, and may not be enforced by, any third party.
11. Termination. GunBroker.com may immediately terminate this Agreement at any time for any reason upon written notice to Seller. GunBroker.com may terminate this Agreement upon violation by Seller of this Agreement or Privacy Policy. GunBroker.com will provide prior written notice of termination to Seller when commercially practicable. Seller may terminate this Agreement for any reason upon providing 30 days’ written notice to GunBroker.com. Seller’s termination shall not have any effect on then-existing transactions on the Site.
12. Limitation of Liability.
a. DISCLAIMER OF WARRANTIES. SELLER AGREES THAT USE OF THE SITE AND THE SERVICES ARE ENTIRELY AT SELLER’S OWN RISK. THE SITE AND SERVICES, INCLUDING ALL CONTENT, ITEMS, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GUNBROKER.COM DOES NOT WARRANT THAT THE SITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. GUNBROKER.COM MAKES NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON THE SITE OR ANY TRANSACTIONS ENTERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SELLER FROM GUNBROKER.COM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. GUNBROKER.COM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES OF ANY OBLIGATIONS UNDER THIS AGREEMENT COMMITTED BY ANY SELLER ON THE SITE.
b. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GUNBROKER.COM AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR SERVICES, OR RELATED TO THE INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE SITE, BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO THE SITE, DELAYS OR DISRUPTIONS IN THE SITE, ACTIONS TAKEN BY THIRD PARTIES THROUGH OUR SITE, ACTIONS TAKEN RELATED TO SELLER’S ACCOUNT, OR VIRUSES OR MALWARE OBTAINED BY USING THE SITE OR LINKS ON THE SITE (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF GUNBROKER.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO SELLER. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GUNBROKER.COM AND ITS AFFILIATES TO SELLER FOR ALL LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR SELLER’S USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT SELLER HAS PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO SELLER’S CLAIM OR (B) US $100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT, OR IN ANY OTHER CASE WHERE LIABILITY MAY NOT BE LIMITED UNDER APPLICABLE LAW.
13. Indemnification. Seller agrees to indemnify, defend and hold GunBroker.com and its affiliates harmless from and against any and all claims and all losses incurred by GunBroker.com and its affiliates in connection with any of the following, whether by Seller or by a third party using Seller’s name or Seller ID: (i) any breach or violation of this Agreement, (ii) any use of the Site or Services, (iii) a dispute with another Customer (except for monies received by Seller under our Customer’s Protection Program) or visitor to the Site, (iv) any violation of any Applicable Law governing Seller or Seller’s activities on or off of the Site, or (v) the infringement of any intellectual property right or other right of any person or entity, whether by Seller or Seller content posted by Seller to the Site. GunBroker.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Seller, and Seller shall not in any event settle or otherwise dispose of any matter without our prior written consent.
14. Release. By accepting and agreeing to this Agreement, Seller hereby releases GunBroker.com and its affiliates from any and all claims and losses of every kind, known and unknown, arising from disputes between Seller and Customers or visitors to the Site. Further, Seller agrees to waive and release any claim against GunBroker.com and its affiliates for any claim arising from Seller’s dispute with Customer or any visitor to the Site. Seller waives any and all of the aforementioned claims against GunBroker.com and its affiliates, as well as their directors, officers, employees, attorneys and agents, from and against any and all claims and Losses (actual, special, incidental and consequential damages, as well as reasonable attorneys’ fees and costs of court) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
15. Governing Law and Dispute Resolution
a. International Users. The Site is controlled, operated, and administered by Company and its affiliates, which are based within the United States. Company makes no representation that functions or information found at the Site are appropriate or available for use by persons at other locations outside of the United States and access to them from territories where their functionality or content are not permitted under Applicable Law. User may not use the Site or export the information found on or at this Site in violation of U.S. or other Applicable Laws regarding export or import. If User accesses this Site from a location outside of the U.S., User shall be responsible for compliance with all Applicable Laws that apply to User in User’s use of the Site.
b. Governing Law. Except as excluded under Applicable Law, this Agreement, all matters arising from or relating to the User’s use of the Site, and any and all claims arising out of User’s relationship with the Company and its affiliates shall be governed by and in accordance with the laws of the State of Georgia, excluding (i) its conflicts of laws provisions, (ii) the United Nations Convention on Contracts for the International Sale of Goods, and (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended.
16. Mandatory Binding Arbitration
ALL PARTIES AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO RESOLVE ANY DISPUTES ARISING OUT OF THIS AGREEMENT OR THE ANY USE OF THE SITE VIA BINDING ARBITRATION CONDUCTED UNDER COMMERCIAL RULES FOR ARBITRATION BY THE AMERICAN ARBITRATION ASSOCIATION. THE ATLANTA, GEORGIA METROPOLITAN AREA SHALL BE THE SITE FOR ANY SUCH ARBITRATION PROCESS. THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
IF FOR ANY REASON THESE ARBITRATION REQUIREMENTS ARE HELD INAPPLICABLE OR VOID OR HELD NOT TO APPLY, OR A CLAIM PROCEEDS IN SMALL CLAIMS COURT, THE COMPANY AND ITS AFFILIATES AND USER EACH WAIVE TRIAL BY JURY.
BY USERSELLER’S AGREEMENT TO BE BOUND BY THIS ARBITRATION AGREEMENT, SELLER UNDERSTANDS AND REPRESENTS TO GUNBROKER.COM THAT IT UNDERSTANDS WITH AN INTENTION THAT GUNBROKER.COM SHALL RELY ON THAT REPRESENTATION, THAT SELLER IS ALSO AGREEING TO THIS ARBITRATION AGREEMENT, WHICH ENTAILS GIVING UP THE RIGHT TO A TRIAL BY A STATE TRIBUNAL AND TRIAL BY JURY.
17. Dispute Resolution; Attorneys’ Fees.
BY AGREEING TO THE TERMS OF THIS AGREEMENT, SELLER EXPRESSLY AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY SHALL BE RESOLVED SOLELY THROUGH BINDING MANDATORY ARBITRATION, AS PROVIDED ABOVE. HOWEVER, IN ANY SITUATION IN WHICH BINDING MANDATORY ARBITRATION IS UNAVAILABLE FOR ANY REASON, SELLER AGREES THAT ANY LEGAL PROCEEDINGS TO RESOLVE DISPUTES MAY ONLY BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA, AND SELLER EXPRESSLY WAIVES ANY OBJECTION THAT SELLER MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER SELLER OR SELLER’S ACTIVITIES ON THE SITE.
Notwithstanding the foregoing, GunBroker.com reserves the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending resolution of a dispute; or (ii) collect from Seller any monies due under this Agreement or under an award of the court described above. Seller may not bring any action arising out of this Seller Agreement or use of the Website or the Services, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes of action, from the date the first such cause of action arose). If Seller brings an action in an improper forum or outside of the time limit in violation of this Section, GunBroker.com shall be entitled to recover from Seller its reasonable attorneys’ fees in responding to such action.
18. Exclusion of Class Actions. IN AGREEING TO THE TERMS OF THIS AGREEMENT SELLER AGREES THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, (A) ANY DISPUTE SHALL BE RESOLVED BY MANDATORY BINDING ARBITRATION; (B) THAT SHOULD MANDATORY BINDING ARBITRATION NOT BE AVAILABLE, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, (C) SELLER AND COMPANY BOTH HEREBY WAIVE ANY RIGHT TO BRING CLAIMS AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (D) UNLESS BOTH SELLER AND COMPANY AGREE TO THE CONTRARY, MORE THAN ONE PARTY’S CLAIMS MAY NOT BE CONSOLIDATED OR JOINED BY THE APPLICABLE COURT, AND (E) ANY RELIEF AWARDED TO SELLER CANNOT AFFECT OTHER SELLERS, AND VICE VERSA.
19. Order of Precedence. In the event of any conflicts or inconsistencies between the terms and conditions of this Agreement and the terms and conditions of the GunBroker.com User Agreement or any terms stated on GunBroker.com’s website, the terms and conditions of this Agreement shall control.
20. Notices. Any notice under this Agreement shall be given, if to the Seller, to the email address, phone number and physical address which Seller has provided GunBroker.com. Any notice to GunBroker.com or its affiliates shall be sent by email to [email protected].