Privacy and Security Policies

This Privacy Policy (“Policy”) describes our current policies regarding collection, use, distribution, and protection of personal information you share with us on our website miamiguntrader.com (the “Site”).  This Policy does not apply to information collected by or provided to us other than through the Site. Please read this Policy carefully before accessing the Site.

 

By accessing the Site, you agree to the terms and conditions of this Policy.  IF YOU DO NOT AGREE TO THIS POLICY, YOU ARE NOT AUTHORIZED TO USE THIS SITE OR THE CONTENT FOUND ON THIS SITE.

 

We may revise this Policy at any time.  Any Policy revisions will be effective upon posting to the Site.  You should review this Policy, each time you visit the Site, to inform yourself of any revisions. Your continued use of the Site will constitute your acceptance of the Policy as revised.  Last Updated: March 24th, 2020.

 

The Information We Collect:

 

Personally Identifiable Information: You may voluntarily provide us with certain information that identifies you (the “Personally Identifiable Information” or “PII”) including without limitation your name, address and email address through the Site.  In some cases, if you decline to share such information with us, we may not be able to respond to you or provide you with services. Other than as provided in this Policy, we will not use, disclose, or share your PII with any third parties, without your consent.

 

Non-Personally Identifiable Information: Non-personally identifiable information (the “non-PII”) includes any information from which your identity is not readily ascertainable and may include your internet protocol (or “IP”) address, browser, operating system, pages, or content you access while visiting the Site and the date and time of such access. In addition to you voluntarily providing us Non-PII, Non-PII is automatically collected through the Site.

 

Cookies and Tracking Technologies: We may collect information through the Site by way of cookies, web beacons, pixels, or other tracking technologies. Such tracking technologies are script files that facilitate the collection of non-PII, such as the number of visitors to the Site, and how each visitor arrived at the Site and in some cases can be connected with an email address. If you have previously consented to receiving emails from third parties, we may use such tracking technologies to send you marketing materials.

 

You may be able to reject or block cookies or tracking technologies on the Site by adjusting your browser settings. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If you elect to reject cookies and other tracking technologies, we may not be able to deliver certain information or services to you.

 

How We Use the Information We Collect:

 

Usage: We only use your information as permitted by law.  We may combine PII, Non-PII and information from external sources. We may use your information to:

 

  1. Communicate with you; 2. Provide you with access to certain tools and services; 3. Obtain your feedback on our Site and service offerings; 4. Statistically analyze user behavior and activity; 5. Improve the Site or our marketing program; and 6. Provide you and people with more relevant content and advertisements.

 

Google Analytics: Google Analytics is a web analysis service provided by Google that utilizes cookies to monitor web-traffic on the Site. We use Google Analytics to collect, track and examine data about the Site’s usage. We may run reports based on the data we collect, and we may share the data with other Google services. Google may use the data to personalize and customize the advertisements that are served to you from its advertising network. The Site does not respond to Do Not Track Signals from your browser.

 

Who We Share Your Information With:

 

We may share or transfer information you provide to us or that we collect on the Site with other businesses that we acquire, are acquired by, or with which we merge or partner. While doing business, we may share your information with third parties service providers with whom we contract to support our activities. Such services include maintaining and managing our end-user information, fulfillment processes, payment services, email management, and order and inventory management. We may also determine we need to share your information with law enforcement to (a) comply with the law or with legal process, (b) protect and defend our rights and property, (c) protect against misuse or unauthorized use of the Site, (d) protect the personal safety or property of our users or the public, or (e) in the event of bankruptcy proceedings.

 

Retention of Your Information

 

We may retain your questions and feedback to improve the Site.  Do not send us any information, ideas, suggestions, proposals, or comments that you consider confidential or that you wish to be treated as confidential. If you no longer want us to use or retain the PII you provided to us, you may contact us and request that we delete your PII from our records.

 

Third Party Privacy Practices.

 

The Site may contain links to websites owned by third parties and third-party advertisements. This Policy applies only to the Site and its content, and our collection and use of information provided through the Site. Your use of third-party sites and content may be governed by such third party’s terms of use or privacy policies. Please review any third-party privacy policies before providing Your information on any third-party site. We are not liable for or responsible for Your use of third-party sites or Third-Party Content.

 

Security

 

We will undertake reasonable steps to protect all information, including PII, from unauthorized or accidental access, disclosure, misuse, or processing, or from alteration, destruction, or loss.  However, because no security measures are perfect or impenetrable, we cannot guarantee the security of information you submit to us.

 

Children’s Privacy Because protecting the privacy of young children is especially important, we do not knowingly collect or maintain information from or about persons under 13 years of age. No part of our Site is structured to attract anyone under 13.  If you are under 13, do not use or access the Site at any time or in any manner.  If we learn that PII of persons under 13 has been collected on the Site without verified parental consent, we will take appropriate steps to delete this information.

 

International Users

 

The Site is hosted in the United States and is intended for users in the U.S. If you are a consumer accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use and disclosure that differ from U.S. laws, your continued use of the Site, which is governed by U.S. law and these terms, indicates your consent to transfer of your PII and other information to the U.S.

 

Contact Information

 

If You have any questions regarding PII or how we treat PII pursuant to this Policy, we encourage you to contact us at floridaguns.us@gmail.com.

 

YOUR CALIFORNIA PRIVACY RIGHTS (FOR CALIFORNIA RESIDENTS ONLY) Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of customers’ PII with third parties. These businesses are required to accept requests for disclosures of these policies from customers but are only required to honor one request per calendar year. Businesses have thirty (30) days to respond to each inquiry to the designated address. Each inquiring customer will receive an explanation of the categories of customer information shared and the names and addresses of any third-party businesses. In limited circumstances, customers’ failure to submit requests in the manner specified will not require a response from the business.

 

If you are a California resident, you may request such information from us by sending a letter to the address listed below. In your letter, please provide your name, address, and email address, as well as a request that we provide such information to you, by using the following or similar language, “I request that miamiguntrader.com provide its third-party information sharing disclosures required by section 1798.83 of the California Civil Code.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GENERAL TERMS AND CONDITIONS

Please read these Miamiguntrader.com User Terms of Use and the hyperlinked policies referred to herein (collectively the “Terms of Use”) carefully before using the Gorilla Marketing, LLC (“Miamiguntrader.com”) website and subdomains (collectively, the “Miamiguntrader.com Site”), and other services offered by Miamiguntrader.com. This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

 

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

 

These Terms of Use apply to all users of the Miamiguntrader.com Site, including without limitation users who are Buyers (as defined below), Dealers (as defined below), contributors of content, information and other materials or services on the site (each a “User” and collectively “Users”). By acknowledging your assent to these Terms of Use or by placing an order for products or services from the Miamiguntrader.com Site, you affirm that you are of legal age to enter into this agreement, and you accept and are legally bound by these Terms of Use. If you are a Dealer, you are also subject to the Miamiguntrader.com Dealer Terms of Use, which are available to Dealers at the Dealer Portal.

 

 

You may not use the Miamiguntrader.com Site if you (a) do not agree to and comply with these Terms of Use, or (b) are prohibited from accessing or using the Miamiguntrader.com Site or any of the Miamiguntrader.com Site’s contents, goods or services by applicable Law (as defined below).

 

 

We reserve the right to modify or terminate these Terms of Use, or modify the services we provide, at any time.

 

 

Miamiguntrader.com Online Marketplace.  Miamiguntrader.com has developed and operates an online marketplace at the Miamiguntrader.com Site for the sale of Guns (as defined below), ammunition, optics, magazines and certain other products and accessories (collectively, “Products”) to Buyers where legally permissible in the United States of America, but excluding U.S. territories, which operates in part with the use of a network of authorized FFL Dealers (as defined below) who are licensed to transfer Guns and have agreed with Miamiguntrader.com, among other things, to list and make their inventory available for sale through the Miamiguntrader.com Site. Each such FFL Dealer who participates as a member of the Miamiguntrader.com network of authorized dealers is referred to in these Terms of Use as a “Dealer”. Each Dealers’ participation in the network of dealers authorized by Miamiguntrader.com is subject to the terms and conditions of Miamiguntrader.com’s Network Dealer Terms of Use. In order for a Gun to be transferred to a Buyer, the transfer must be completed by a firearms dealer who holds a valid Federal Firearms License (an “FFL Dealer”) (which FFL Dealer may or may not be a member of the Miamiguntrader.com authorized network of Dealers), and the transfer must be affected in accordance with all applicable Laws.  The term “Buyer” as used herein means any natural person who both accesses and uses the Miamiguntrader.com Site and is a potential or actual purchaser of a Product from the Miamiguntrader.com Site.  The term “Gun” means a firearm as defined in 18 United States Code Section 921(a).

 

Purchase and Sale of Products Generally.

 

You agree that any order you place on the Miamiguntrader.com Site is an offer to buy all Products listed in your order, subject to these Terms of Use. All orders are subject to acceptance by Miamiguntrader.com and Miamiguntrader.com is under no obligation to accept any order or otherwise sell the Products to you. Miamiguntrader.com may choose, at its sole discretion, not to accept orders, even after we send you a confirmation email with your order number and details of the items you have ordered.  NO SALE OF A GUN IS COMPLETE UNTIL THE GUN HAS BEEN TRANSFERRED BY AN FFL DEALER TO THE PURCHASER IN ACCORDANCE WITH APPLICABLE LAW AND ALL APPLICABLE REQUIREMENTS OF THESE TERMS OF USE HAVE BEEN SATISFIED. If the FFL Dealer is unable to transfer a Gun to a Buyer in accordance with applicable Law, see Section 5(i) below.

 

Miamiguntrader.com will use commercially reasonable efforts to verify the availability of requested Products in a timely manner. Miamiguntrader.com tries to maintain an accurate listing of inventory available but is ultimately dependent upon its network of suppliers to provide accurate inventory availability information. Miamiguntrader.com will not fulfill and ship an order until it has confirmed all Products included in the order are in stock and available for shipment. If a Buyer places an order for a firearm(s) and other accessory items, the accessories will be put in a hold status until availability of the firearm is confirmed. If for any reason the firearm is unavailable and the purchase cannot be completed, the entire order, including accessories and non-firearm items, will be canceled and the Buyer notified.

 

For offers on used Guns, Buyers may have the opportunity to submit offers directly to certain listing Dealers via the Miamiguntrader.com Site.  Offers on used Guns constitute a direct negotiation between a Buyer, on one hand, and Miamiguntrader.com or the listing Dealer, on the other hand.    Once a Buyer makes an offer on a used Gun, Miamiguntrader.com or the Dealer, as applicable, may accept, decline, or counteroffer within 24 hours.  After 24 hours, the offer will be automatically declined as an expired offer. If Miamiguntrader.com or a Dealer makes a counteroffer, the Buyer has a new 24 hours to accept or decline that counteroffer.  After 24 hours, the counteroffer will be automatically declined as an expired counteroffer.  There are no further opportunities for a counteroffer by the Buyer after the initial counteroffer made by Miamiguntrader.com or the Dealer.  A Buyer will be blocked for 30 days from making any further offers on a specific used Gun after being declined by the Dealer for the second time. Miamiguntrader.com will inform the Buyer once an offer or counteroffer on a used Gun is accepted.  The item will be automatically put into the Buyer’s shopping cart on the Miamiguntrader.com Site and the Buyer will have 24 hours to check out at the agreed price or the transaction will be voided. An order is not complete until the Buyer completes the checkout process on the Miamiguntrader.com Site and the other requirements for sale set forth herein have been satisfied. If there are multiple Buyers and/or offers, the Buyer who first successfully completes the entire checkout process will be the rightful orderer of the used Gun.

 

Buyers are responsible for reading the complete Product description prior to placing an order, especially in regards to the condition of used Guns. Miamiguntrader.com attempts to ensure Product descriptions and prices are as accurate as possible. However, it is the Dealer’s responsibility to provide accurate descriptions, specifications, pricing, images, and inventory status for all Dealer’s used Products listed on the Miamiguntrader.com Site, and Miamiguntrader.com does not warrant that any Product description or other content is accurate, complete, reliable, current or error free. Miamiguntrader.com reminds the Buyer to verify all Guns before leaving the Dealer and in the case of a situation where a customer chooses not to take delivery of the Gun because of an error in the description on the Miamiguntrader.com Site, Miamiguntrader.com will use its best efforts to remedy any mistakes.

 

Not all Products are available in all areas due to federal, state, or local Laws. Miamiguntrader.com reserves the right to limit Product quantities. For new Products many of our pictures are stock photos provided to us by the manufacturer and do not necessarily represent the actual item being purchased. Please verify the Product by the title and description in the listing and don’t rely on the photos alone.

 

A Buyer must pick up any Gun he or she orders through the Miamiguntrader.com Site from the designated FFL Dealer facilitating the Gun transfer within 14 days of the date such order is available for pickup from such FFL Dealer.  If the Buyer fails to pick up his or her order within this timeframe, the order is subject to cancellation, in which case the Product at issue will be shipped back to Miamiguntrader.com and the Buyer will be charged certain restocking and shipping fees.  

 

Your purchase and receipt of all Products is subject to compliance with all federal, state and local laws, statutes, ordinances, rules and regulations (“Laws”). By proceeding with the purchase of any Products offered on the Miamiguntrader.com Site, the Buyer certifies: (i) the Buyer has reviewed all applicable Laws related to the use, possession, purchase and/or ownership of the Products; (ii) the Buyer is legally permitted to use, possess, purchase and/or own the Products; and (iii) the Buyer does not intend to transfer any Products in violation of any applicable Laws. BUYER IS RESPONSIBLE FOR COMPLYNG WITH ALL LAWS APPLICABLE TO THE ORDER, SHIPMENT, DELIVERY, SALE, TRANSFER, POSSESSION AND USE OF ALL PRODUCTS ORDERED BY BUYER, INCLUDING, WIHTOUT LIMITATION, GUNS, AMMUNITION AND ANY OTHER PRODUCTS RESTRICTED BY LAW.

 

You are solely responsible for your any activity on your account for keeping your password secure.

 

 

Prices and Payment Terms

 

All prices on the Miamiguntrader.com Site are quoted in US currency. All prices, discounts, and promotions posted on the Miamiguntrader.com Site are subject to change without notice. The price charged for a Product or service will be the price in effect at the time the order is placed and will be set out in the Buyer’s order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in the shopping cart and in the order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

 

From time to time, we may offer promotions on the Miamiguntrader.com Site that may affect pricing and that are governed by terms and conditions separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern.

 

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept the methods of payment identified during the checkout process on the Miamiguntrader.com Site. Each Buyer represents and warrants that (i) the credit card or other payment information he or she supplies to us is true, correct and complete, (ii) such Buyer is duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by such Buyer will be honored by his or her credit card company or payment method processor, and (iv) such Buyer will pay charges incurred by him or her at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Miamiguntrader.com Site at the time of the order.

 

Products will only be delivered to the owner of the credit card or the account holder of the payment method used to make the purchase without exception.

 

 

Shipments; Delivery.

 

You represent and warrant to Miamiguntrader.com that all Products you order through the Miamiguntrader.com Site may be shipped, delivered, sold and transferred to you and possessed by you in the jurisdiction you specify for delivery in accordance with all Laws.  You are responsible for complying with all applicable Laws, including all local laws, ordinances, rules and regulations.

 

Miamiguntrader.com will arrange for shipment of ordered Guns to a Dealer near you, or if you prefer, another FFL Dealer in your area as you direct. A transferring FFL Dealer that is not a Miamiguntrader.com authorized Dealer must provide Miamiguntrader.com evidence reasonably satisfactory to Miamiguntrader.com that it is a validly licensed FFL Dealer.  Please check the individual product page for specific delivery options. Buyer will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of the order.

 

Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

 

Miamiguntrader.com has a compliance protocol in place to help prevent the shipment of Guns and any other restricted Products to a jurisdiction in which such Guns or restricted Products are prohibited by Law.  However, should there be a mistake and a Product is shipped to a jurisdiction in which the Product is prohibited by Law, Miamiguntrader.com will pay for the return shipping to the transferring FFL Dealer without any restocking fees assessed to the Buyer, and the Buyer will be refunded the purchase price in full.

 

Bulk orders may be charged an added fee based on the shipping policy in place at the time of order.

 

Miamiguntrader.com does not ship to PO Boxes, Alaska, Hawaii, Puerto Rico, or APO/FPO addresses.

 

Free Shipping promotions do not apply to Bulk Orders or to Expedited Shipping orders. The minimum purchase amount to qualify for each free shipping offer does not include firearms processing fee or tax.

 

 

Package Protection.

 

To provide greater safety, security and assurance for our customers Miamiguntrader.com automatically includes Package Protection at a flat rate as part of its shipping and delivery services for all Products ordered from the Miamiguntrader.com Site. Package Protection is available on orders up to $5,000.00. Package Protection is included automatically at checkout, but Customers may opt out of using Miamiguntrader.com Package Protection by un-checking the Package Protection box at checkout.

 

With Miamiguntrader.com Package Protection, if the customer submits a claim for a lost, stolen or damaged package, and Miamiguntrader.com confirms that the package was lost, stolen or damaged during shipping, Miamiguntrader.com will, at their sole discretion, either provide replacement product(s) that is the same as the covered item(s), or the purchase price of the Product shall be refunded in full.  The amount refunded will only include the purchase price of the item, plus applicable shipping, taxes, and fees.  The amount refunded will not include the price charged for the Package Protection coverage itself. If a Product is delivered that was damaged in transit, the customer must notify Miamiguntrader.com within 24 hours of delivery, and Miamiguntrader.com, at its sole discretion, may or may not require photographic evidence of the damaged Product in order to determine refund eligibility, and may require the Product be returned to Miamiguntrader.com in accordance with Section 6 below.

 

 

Returns and Refunds.

 

Return of Guns.

 

You should carefully inspect all Guns before leaving the FFL Dealer, as the Miamiguntrader.com Return and Refunds Policy only covers malfunctioning Guns as described below. All sales are final once you leave the FFL Dealer with your Gun, except as specifically provided below.

 

The Miamiguntrader.com Returns and Refunds Policy is handled directly by Miamiguntrader.com, not the Dealer.  If you have questions about this Policy, please contact Miamiguntrader.com via the Miamiguntrader.com Site.

 

Miamiguntrader.com New Gun Return Policy:

 

All new gun sales are final. New Guns will be covered by any applicable manufacturer’s warranties. Miamiguntrader.com may assist Buyers in contacting the manufacturer but does not assume any warranty responsibility. See Section 7 below regarding certain disclaimers. If a new Gun is purchased from Miamiguntrader.com and has mechanical defects or otherwise does not function properly, the manufacturer’s warranty policy will apply, and Buyers must work directly with the manufacturer.

 

Miamiguntrader.com Non-certified Used Guns and FFL Dealer Return Policy:

 

Miamiguntrader.com will accept the return of Non-Certified Used Guns and Guns purchased from an FFL Dealer in the Miamiguntrader.com network with mechanical defects for a full refund, provided such return is made within 3 calendar days of physical transfer of any such Gun to Buyer, and provided such Gun has been used properly and is returned in its original condition. After 3 calendar days, all sales are final. This Returns and Refunds Policy is offered by Miamiguntrader.com and Product returns are therefore sent directly to Miamiguntrader.com.  Buyers should contact Miamiguntrader.com directly within 3 calendar days of physical transfer for a return shipping label and RMA number (as defined below).

 

Miamiguntrader.com Certified Used Guns Return Policy:

 

Miamiguntrader.com offers a ‘no questions asked’ return policy for Miamiguntrader.com Certified Used Guns.  For a period of 3 calendar days after physical transfer of any such Gun to Buyer, Miamiguntrader.com will accept a return of the Gun regardless of reason for a full refund, minus any fees, shipping costs and a 15% restocking fee, and provided such Gun has been used properly and is returned in the same condition as when transferred to the Buyer. This ‘no questions asked’ policy only applies to used Guns denoted as “Miamiguntrader.com Certified.” Buyers should contact Miamiguntrader.com directly within 3 calendar days of physical transfer for a return shipping label and RMA number. Miamiguntrader.com will accept the return of Miamiguntrader.com Certified Used Guns with mechanical defects for a full refund, provided such return is made within 7 calendar days of physical transfer of any such Gun to Buyer, and provided such Gun has been used properly and is returned in its original condition. After 7 calendar days, all sales are final.

 

Miamiguntrader.com will not accept returns for: (i) defects or malfunctions resulting from careless handling, unauthorized adjustments or modifications made or attempted by anyone, or failure to follow the correct assembly and disassembly instructions; or (ii) use of defective or improper ammunition, corrosion, neglect, abuse, ordinary wear and tear, or unreasonable use. This policy supersedes and applies regardless of Miamiguntrader.com’s Returns and Refunds Policy and Miamiguntrader.com’s Certified Used Guns return policy.

 

To return Guns, a Buyer must contact Miamiguntrader.com to obtain a Return Merchandise Authorization (“RMA”) number. No returns of any type will be accepted by Miamiguntrader.com without an RMA number.

 

Miamiguntrader.com does not take title to, or accept risk of loss for, returned Guns until the Gun arrives back at the Miamiguntrader.com facility.

 

If the Buyer does not pass a background check or the transfer is not otherwise able to be completed, whether the Buyer is not able to take legal possession of the Gun or for any other reason, the transaction will be cancelled. Upon such cancellation, the Buyer will be charged a 15% restocking fee plus the cost of return shipping and the remainder of the transactional charges, less the original shipping costs, will be refunded to the Buyer. Guns shipped to the designated FFL Dealer which are not picked up within 14 days of arrival are subject to a 15% restocking fee plus the costs of shipping.  In both instances, the Miamiguntrader.com fees and any shipping charges to the transferring FFL Dealer are not refundable.

 

The terms and conditions found in this Section 5, supersede all Dealer return, refund and warranty policies.

 

No Returns of Ammunition, Optics, Magazines, Holsters, Knives, Hunting Gear, Range Gear and other Accessories.

 

All sales of ammunition are final.Miamiguntrader.com does not accept returns of ammunition for any reason whatsoever. No refunds, credits, discounts or exchanges will be issued for any reason for any ammunition.

 

All sales of optics, magazines, holsters, knives, hunting gear, range gear and other accessories are final.Miamiguntrader.com does not accept returns of optics, magazines and other accessories for any reason whatsoever. No refunds, credits, discounts or exchanges will be issued for any reason for any optics, magazines and other accessories. Optics, magazines and other accessories may be covered by applicable manufacturer’s warranties. Miamiguntrader.com may assist Buyers in contacting the manufacturer but does not assume any warranty responsibility.

 

The terms and conditions found in this Section 5 supersede all Dealer return, refund and warranty policies.

 

Merchandise Returns.

 

Miamiguntrader.com clothing and merchandise (not including Guns, ammunition, optics, magazines and certain other Products sold on the Miamiguntrader.com Site) can be returned within 30 days of receipt. Miamiguntrader.com provides free return shipping on Miamiguntrader.com branded merchandise and on all clothing eligible for return. Returned clothing may not be washed or worn or have any damage.

 

 

Disclaimers

 

 

If used improperly, Guns can be dangerous. If you order a Gun through the Miamiguntrader.com Site, you agree to follow all manufacturer safety instructions and to use any such Gun in a safe manner, in an approved area, and solely for legal purposes.

 

Miamiguntrader.com does not manufacture any of the Products offered on the Miamiguntrader.com Site. The availability of Products or services through the Miamiguntrader.com Site does not indicate an affiliation with or endorsement of any Product, service, manufacturer or Dealer. Accordingly, Miamiguntrader.com does not provide any warranties with respect to the Products or services offered on the Miamiguntrader.com Site. However, some Products offered on the Miamiguntrader.com Site are covered by the manufacturer’s warranty as detailed in the Product’s description on the Miamiguntrader.com Site and included with the Product. To obtain warranty service for defective Products, please follow the instructions included in the manufacturer’s warranty.

 

Miamiguntrader.com assumes no, and Buyer hereby releases Miamiguntrader.com from any, responsibility for Product defects or malfunctions or for physical injury or property damage, whether resulting in whole or in part from criminal or negligent use of a Product, improper or careless handling, unauthorized modifications, use of defective, improper hand-loaded, reloaded or remanufactured ammunition, Buyer abuse or neglect of the Product or other influences beyond Miamiguntrader.com’s direct and immediate control, or otherwise.

 

You affirm that Miamiguntrader.com shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer’s failure to honor its warranty obligations to you.

 

You understand that handling, cleaning or discharging a Gun, ammunition or ammunition components may cause exposure to lead, and you hereby hold Miamiguntrader.com harmless from and assume all responsibility and liability for any lead exposure.

 

MIAMIGUNTRADER.COM MAKES NO WARRANTIES WITH RESPECT TO THE PRODUCTS OR THE MIAMIGUNTRADER.COM SITE, WHICH ARE PROVIDED “AS IS.”  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIAMIGUNTRADER.COM DISCLAIMS ALL WARRANTIES RELATING TO THE PRODUCTS, THE MIAMIGUNTRADER.COM SITE OR THE USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY OR NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

 

 

Your Representations and Warranties to Miamiguntrader.com.

 

 

You represent and warrant to Miamiguntrader.com that: (i) you have the legal power and capacity to enter into these Terms of Use and perform all of your obligations and responsibilities hereunder, including being of the requisite age required by Law to complete any purchase of a Product hereunder, (ii) these Terms of Use constitute a valid and binding agreement, enforceable against you in accordance with their terms, (iii) you will not violate any Laws in connection with your use of the Miamiguntrader.com Site or purchase of Products, and (iv) you will not interfere with or disrupt, or attempt to interfere with or disrupt, the Miamiguntrader.com Site.

 

If you are ordering a Gun or other Product restricted by Law, you further represent and warrant that: (i) you are not prohibited by Law from receiving or possessing Guns or any other Product you order that is restricted by Law, (ii) you are the actual transferee/purchaser of the Gun or other restricted Product you order and you are not ordering or acquiring such Gun or restricted Product on behalf of any other person, (iii) you assume all responsibility for the legality of any Gun or other restricted Product you order or receive and (iv) all information and documentation provided by you during the ordering and sale process and at the point of transfer, including, without limitation, all information provided by you on ATF Form 4473 or any other legally required documents or forms, is true, complete and accurate in all respects.

 

You represent and warrant that you are buying Products or services from the Miamiguntrader.com Site for your own personal use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to permissible locations within the USA.  By ordering any Products from the Miamiguntrader.com Site, you certify that you, or third parties at your direction, will not sell, transport, ship or transfer outside the borders of the USA or to any “foreign person,” any Products which are export restricted by United States export-control laws and regulations, without proper United States government export authorization, licensing and documentation.  It is your responsibility to determine whether any Product is subject to export restrictions.  “Foreign person” has the meaning provided in 22 Code of Federal Regulations Section 120.16.

 

 

Term and Termination.

 

 

Term. When you accept these Terms of Use (whether by clicking “I Accept,” by participating as a User of the Miamiguntrader.com Site or otherwise indicating your assent to these Terms of Use), you are subject to and will be bound by these Terms of Use until such time as your participation as a User of the Miamiguntrader.com Site ends.

 

Termination. You may terminate your account with Miamiguntrader.com at any time from your account settings.  Similarly, Miamiguntrader.com may suspend or terminate your account and your access to the Miamiguntrader.com Site any time and for any reason, without advance notice.  You do not have a contractual right to continue using the services offered through the Miamiguntrader.com Site.

 

Survival. These Terms of Use will remain in effect even after your account is terminated or your use of the Miamiguntrader.com Site ends.

 

 

Privacy. Miamiguntrader.com respects your privacy and is committed to protecting it. The Miamiguntrader.com Privacy Policy, https://www.miamiguntrader.com/privacy-policy, governs the processing of all personal data collected in connection with the use of the Miamiguntrader.com Site.

 

Intellectual Property.  All intellectual property rights and other rights relating to the Miamiguntrader.com Site and the trademarks and service marks of Miamiguntrader.com (the “Miamiguntrader.com Marks”) will at all times be the exclusive property of Miamiguntrader.com or its licensors, and all use of such rights will accrue to the benefit of Miamiguntrader.com. User will not challenge Miamiguntrader.com’s title to such intellectual property, including, without limitation, the Miamiguntrader.com Marks, oppose any registration thereof, or challenge the validity of these Terms of Use. Furthermore, User will not register, nor attempt to register, any trade name, trademark, service mark, design or domain name which, in whole or in part, incorporates or is confusingly similar to the Miamiguntrader.com Marks, without the prior written consent of Miamiguntrader.com. User acknowledges and agrees that, as between Miamiguntrader.com and User, Miamiguntrader.com owns all Buyer information collected through the Miamiguntrader.com Site.  Nothing contained in these Terms of Use will constitute or be construed as a transfer of ownership of any of the intellectual property rights of Miamiguntrader.com or its licensors or to otherwise give User any proprietary rights to any of the intellectual property rights of Miamiguntrader.com or its licensors.  User grants Miamiguntrader.com an irrevocable, perpetual, worldwide, royalty-free right and license to use information or content User supplies to Miamiguntrader.com.

 

Acceptable Use and Restrictions.  You agree to protect the Miamiguntrader.com Site and its proprietary content, information and other materials, from unauthorized access or use, and you agree that you will not use the Miamiguntrader.com Site or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Miamiguntrader.com. You agree that: (a) you will not use the Miamiguntrader.com Site if you are not fully able and legally competent to agree to these Terms of Use; (b) you will only use the Miamiguntrader.com Site for lawful purposes and you will not use the Miamiguntrader.com Site for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct or to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party; (c) you will not use the Miamiguntrader.com Site to send “spam”; (d) you will not use the Miamiguntrader.com Site to cause nuisance, annoyance or inconvenience; (e) you will not impair the proper operation of the Miamiguntrader.com Site network; (f) you will not try to harm the Miamiguntrader.com Site in any way whatsoever; (g) you will not copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Miamiguntrader.com Site, any updates, or any part thereof or content therein without written permission from Miamiguntrader.com; (h) Users who are not Dealers will only use the Miamiguntrader.com Site for their own use, not for commercial use; (i) you will not distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Miamiguntrader.com Site in any unauthorized manner, including but not limited to by trespass or burdening network capacity, or use the Miamiguntrader.com Site in any service bureau arrangement; (j) you will not attempt to obtain any information or content from the Miamiguntrader.com Site using any robot, spider, scraper or other automated means for any purpose; (k) you will keep secure and confidential your account password or any identification we provide you which allows access to the Miamiguntrader.com Site or your account thereon; (l) you will only use an access point or data account which you are authorized to use; (m) you will provide whatever proof of identity and age reasonably requested by Miamiguntrader.com or any transferring FFL Dealer; and (n) you will not permit any third party to engage in any of the acts prohibited above. You understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Miamiguntrader.com Site; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the App, Website, any updates to or portion of the Miamiguntrader.com Site (except as and only to the extent any foregoing restriction is prohibited by applicable Law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Miamiguntrader.com Site); (iii) use any means to discover the source code of the Miamiguntrader.com Site and software or to discover the trade secrets in the Miamiguntrader.com Site or software; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the Miamiguntrader.com Site. Any attempt to do any of the foregoing is a violation of these Terms of Use and the rights of Miamiguntrader.com and its licensors. If you breach these restrictions, you may be subject to prosecution and damages.

 

Notice and Procedure for Making Claims of Copyright Infringement.

 

 

Miamiguntrader.com respects the copyright of others, and we ask our Users to do the same. Miamiguntrader.com may, in appropriate circumstances and at its discretion, disable and/or terminate the access of Users who may be repeat infringers. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Miamiguntrader.com’s copyright agent the following information in writing using the contact information set forth below: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and where such material is located on the site so that we may locate such work; (iv) your contact information, such as your email address, telephone number, and /or mailing address; (v) 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

If you believe that your content that has been removed from the Miamiguntrader.com Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content on the Miamiguntrader.com Site, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth below: (i) your physical or electronic signature; (ii) a description of the content that has been removed and the location at which the content appeared before it was removed; (iii) a statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court for the judicial district in which your permanent address is, or, if your permanent address is outside the United States, for any judicial district in which Miamiguntrader.com is located and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Miamiguntrader.com copyright agent, Miamiguntrader.com may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Miamiguntrader.com’s discretion) be reinstated on the Miamiguntrader.com Site in 10 to 14 business days or more after receipt of the counter-notice.

 

Miamiguntrader.com’s agent for notice of claims of copyright infringement can be reached as follows: floridaguns.us@gmail.com.

 

 

Indemnification.  User will indemnify, defend, and hold Miamiguntrader.com and its affiliates and each of their respective owners, managers, directors, officers, employees and agents (collectively, the “Indemnified Parties”) harmless against any and all damages, liabilities, losses, fines, penalties, assessments, judgments awards, costs and expenses (including, without limitation, reasonable attorneys’ fees) suffered or incurred by the Indemnified Parties in connection with any suit, action, claim, investigation or proceeding brought by a third party (including, without limitation, any governmental authority) arising out of or in connection with: (i) User’s failure to comply with applicable Laws, (ii) User’s breach of these Terms of Use, or (iii) the negligence or intentional misconduct of User.

 

Limitations of Liability.

 

 

Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL MIAMIGUNTRADER.COM BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS OF USE, THE PRODUCTS, OR THE USE, OR INABILITY TO USE, THE MIAMIGUNTRADER.COM SITE, EVEN IF MIAMIGUNTRADER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIAMIGUNTRADER.COM’S AGGREGATE CUMULATIVE LIABILITY FOR DAMAGES ARISING IN CONNECTION WITH THE PRODUCTS, THESE TERMS OF USE OR THE MIAMIGUNTRADER.COM SITE (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) WILL BE LIMITED TO, AND WILL IN NO EVENT EXCEED, THE AMOUNT PAID BY BUYER TO MIAMIGUNTRADER.COM IN RESPECT OF THE PARTICULAR PRODUCT IN CONNECTION WITH WHICH THE CLAIM ARISES.

 

The foregoing exclusions and limitations shall apply regardless of whether any remedy fails of its essential purpose.

 

 

Dispute Resolution and Binding Arbitration.

 

 

YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

 

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OF USE OR YOUR USE OF THE MIAMIGUNTRADER.COM SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

 

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the applicable AAA rules then in effect (the “AAA Rules”), except as modified by this Section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

 

 

The place of arbitration will be Minneapolis, Minnesota. The arbitration will be conducted by a single arbitrator chosen by you and Miamiguntrader.com or, if you and Miamiguntrader.com do not agree on the arbitrator, an arbitrator selected in accordance with the AAA Rules.  The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. Subject to the terms and conditions of these Terms of Use (including the exclusions, limitations and disclaimers set forth herein), the arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.  You and Miamiguntrader.com shall bear equally all fees and costs of arbitration, including, without limitation, AAA fees and arbitrator fees. Each party shall be responsible for its own attorneys’ fees and expenses.

 

 

Miscellaneous.

 

 

Entire Agreement.  These Terms of Use constitute the entire arrangement and understanding between the parties and supersede all prior agreements, negotiations and discussions relating to the subject matter hereof, whether written or verbal (except that if you are a Dealer, the Dealer Terms of Use also apply). Each party acknowledges that in entering into and performing these Terms of Use it does not do so on the basis of, and does not rely on any statement or representation or warranty or understanding other than as expressly contained in these Terms of Use at the date hereof or subsequently included within these Terms of Use pursuant to Section 16(b).

 

Amendments. Miamiguntrader.com may amend these Terms of Use at any time and for any reason (including, without limitation, to comply with applicable Law) by posting the amended terms to the Miamiguntrader.com Site. Our right to amend these Terms of Use includes the right to modify, add to, or remove terms in the Terms of Use. We will provide you advance notice by posting the amended terms. Additionally, we may notify you by email. Your continued access or use of the Miamiguntrader.com Site constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the new or updated Terms of Use through an electronic click-through. Except as required by applicable Law, these Terms of Use may not otherwise be amended except through a written mutual agreement by you and Miamiguntrader.com.   

 

Waivers. In no event will any delay, failure or omission of a party in enforcing, exercising or pursuing any right, claim or remedy under these Terms of Use be deemed as a waiver thereof, unless such right, claim or remedy has been expressly waived in writing.

 

Notices. Except as otherwise specifically set forth herein, any notices and other communications given or made pursuant to these Terms of Use to you by Miamiguntrader.com will be in writing and will be deemed effectively delivered: (i) when posted to the Miamiguntrader.com Site, or (ii) sent by email to the account provided by the User, or (iii) if sent by courier, on the date delivered, or (iv) if sent by email or facsimile, on the date of confirmed electronic transmission. Any notices and other communications given or made pursuant to these Terms of Use to Miamiguntrader.com by you will be in writing and will be deemed effectively delivered: (i) when sent by email to Miamiguntrader.com at floridaguns.us@gmail.com on the date of confirmed electronic transmission or (ii) if sent by mail or express courier, on the date delivered to an authorized representative of Miamiguntrader.com.  Either party may change its contact information by delivering written notice to the other party in the manner provided above.

 

Relationship of the Parties. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Miamiguntrader.com has no special relationship with or fiduciary duty to any User or Buyer. 

 

Links from the Miamiguntrader.com Site. The Miamiguntrader.com Site contains links to other sites and resources provided by third parties; these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Miamiguntrader.com Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Objectionable Material.  You understand that by using the Miamiguntrader.com Site, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. If you object to any such content, you should cease using the Miamiguntrader.com Site.

 

Force Majeure.  Miamiguntrader.com will have no liability to any User under these Terms of Use to the extent that it is delayed, prevented or hindered in performing any of its obligations under these Terms of Use as a result of any circumstance or occurrence beyond its reasonable control, including, without limitation, acts of God, strikes, blockades, acts of terrorism, riots, storms, earthquakes, explosions, fires, floods, Internet or telecommunications failures/outages/delays, third-party hosting facility failures, denial of service attacks, or other similar occurrences.

 

Partial Invalidity.  If any provision of these Terms of Use or the application of it will be declared or deemed void, invalid or unenforceable in whole or in part for any reason, these Terms of Use will be amended in order to give effect to, so far as is possible, the intent of these Terms of Use. If Miamiguntrader.com fails to amend these Terms of Use, the provision, which is void, invalid or unenforceable, will be deemed deleted and the remaining provisions of these Terms of Use will continue in full force and effect.

 

Governing Law; Venue; Jurisdiction. These Terms of Use will, in all respects, including all matters of construction, validity and performance, be governed by the laws of the State of Minnesota, without regard to any conflicts of law principles which may result in the application of the laws of another jurisdiction.  Any suit, action or proceeding arising in connection with these Terms of Use and that is permitted to be brought outside of arbitration will be brought in the state or federal courts sitting in the State of Minnesota and the parties hereby expressly submit to the jurisdiction of such courts for the purpose of any such suit, action, or proceeding.  Each party hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to these Terms of Use if brought in Minnesota, and hereby further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

 

Assignment.  You may not assign these Terms of Use or your rights and obligations hereunder, either in whole or in part, and whether by operation of law or otherwise, without the prior written consent of Miamiguntrader.com. Any attempted assignment or delegation by you in violation of this Section will be null and void, and will constitute a material breach of these Terms of Use.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SHIPPING POLICIES

 

You can check your order status on the Order History page of your Account Dashboard. Log in to your account or go straight to your Order History if you’re already logged in. If a tracking number was provided, you will be able to see exact shipping details.

 

Ammunition   

Standard/Ground 3-5 Business Days              $9.99

             

Non-Ammo Accessories        

Standard 5-7 Business Days    $9.99

2 Day   $27.95

Next Day         $42.95

             

Firearms         

Standard 5-7 Business Days    $25

             

Miamiguntrader.com Branded Merchandise Cost

Standard 5-7 Business Days    Free

 

 

There is an additional shipping charge for orders that weigh over 50 lbs. If applicable, this additional charge will be reflected in your total shipping costs.

 

Shipping Restrictions

 

Miamiguntrader.com does not currently ship to any PO Boxes, Alaska, Hawaii, Puerto Rico, or to APO/FPO.

 

AMMUNITION: Ammunition must ship Ground. On average, ammunition orders will, after processing time, take between 3 to 5 business days to arrive at your designated shipping address.

EXPEDITED SHIPPING: Expedited shipping methods may be added for additional cost for some accessories. The shipping options available will display in the checkout process. These expedited shipping methods are subject to M-F business day operations and DO NOT include Saturday delivery. For Saturday delivery please contact us prior to purchase. There is no expedited shipping method for ammunition purchases.

FREE SHIPPING:  Any free shipping promotions do not apply to bulk orders or to expedited shipping. The minimum purchase amount to qualify for each free shipping offer does not include firearms processing fee or tax.

Package Protection

 

We now offer flat-rate Package Protection as part of our shipping and delivery services for all Products ordered from the Miamiguntrader.com site. The details of this benefit can be found here.