AmmoGuide Interactive

AmmoGuide Interactive

AmmoGuide.com User Agreement

The following describes the terms on which this Web site provides you access to our services. We reserve the right to supplement, revise, or update these terms at any time without notice to you other than by posting to this Web site. Continued use of this site following such notice (other than to discontinue your membership) shall be deemed to indicate your acceptance of said updates, revisions and additional terms and conditions.

Eligibility for Membership. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.

1. Listing Reloading Data
When listing reloading data, ensure that the data listed does not infringe upon the copyright, trademark or other rights of third parties. By listing reloading data on this site you represent to us that your data does not infringe on the intellectual property of any third party and that you have a legal right to present the data you list.

Your description of the data must be truthful and accurate.

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

You may not post on our site any: (a) data that, by paying to us the subscription fee, could cause us to violate any applicable law, statute, ordinance or regulation, or (b) item for sale, including bulk email lists, illegal weapons, instructions/kits/plans/parts designed to illegally convert firearms to full-auto fire, instructions/kits/plans/parts designed to illegally build silencers, or instructions on how to build bombs or explosives.

In the event of a conflict the rules of the website as specified by this document supercede any other the terms stated. A lister may not alter the rules of the website by the language of his listing.


1. Listing Content / Multiple Listings. Data listings must specify components and performance to a minimum of bullet weight, powder type and charge and resultant velocity. Any listing deemed to be advertising will be removed. We reserve the right to edit or remove listings as deemed necessary. We reserve the right to remove any listing deemed inappropriate or in violation of the letter or spirit of our rules.

2. Fraud Prevention / Dispute Resolution. Complaints of fraud or wrongdoing are extremely rare at AmmoGuide.com. We provide a forum where load posters and users can publicly post their experiences with each other. AmmoGuide.com encourages it's members to self-police where possible. In matters where fraud is suspected, against the website, it's data store or another subscriber, AmmoGuide.com reserves the right to arbitrarily terminate and refuse service to any party.

3. System Abuse. This site reserves the right to refuse service to anyone. We will exercise this right with "problem" subscribers who repeatedly create dissention in the forum, post questionable load data or recommend or exhibit dangerous loading practices.
Without limiting any other remedies, this site may terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

You agree to be liable for and to pay for any costs incurred by this site for your misuse of the site or for your violation of any of the site's rules, including the cost of our time spent in resolving deliberate rules violations.


4. Technical Difficulties. This site is not responsible for downtime due to technical difficulties.

5. User-Generated Content. This site is not responsible for the content of user-generated content including data listings, messages on our message forums, personal messages, pictures, etc.
You are solely responsible for any information you post or use on this site, and not permitted further distribution and/or publication of this information. If you post information that is slanderous, violates any international, federal, state, or local law, or violates the intellectual property of another party you will be solely liable for the consequences. We may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

Complaints of copyright violations or infringement of any other type of intellectual property are covered in this document under the section labeled Intellectual Property.


6. Illegal Acts. By registering as a member of and using this site you agree to not violate any applicable local, state, federal and/or international laws.

7. Registration. Members agree to provide true and accurate information about him/herself in the registration form/account creation process.

8. Payments And Fees. Any and all payments made to this site are non-refundable.
Returned checks are subject to a $25.00 returned check fee. Writing bad checks is a criminal offense; don't do it because we will prosecute.

By placing a credit card on file with us you expressly authorize us to charge your card for any fees you accrue as a result of using (or misusing) this site. You authorize us to consolidate balances from any duplicate accounts you may have created on our site and bill them to your credit card. You may revoke your authorization by sending a written request to AmmoGuide.com, PO Box 21807, El Sobrante CA, 94820. We reserve the right to continue to bill your card for any services rendered prior to receipt of your written request, or for any fees accrued for any action taken prior to the receipt of your written request.

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

Past due accounts will be terminated. Past due balances will be subject to a finance charge of 1.5% per month or the highest amount permitted by applicable law; whichever is lower. If your account is past due you agree to pay any and all collection costs including but not limited to court costs, attorney's fees, collection agency fees, and administrative costs.

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


9. Messaging Systems / Spam. Our forum and personal messaging systems exists solely to allow contact between subscribers for the purpose of furthering ammun ition-related interests and knowledge. Use of the messaging systems for any other purpose is prohibited.
Users agree to refrain from "spamming" (sending unsolicited commercial email to other users). Users may not send spam through this site or through other mail servers for any purpose, including promoting this site to earn affiliate program rewards. Spamming will be reported to the applicable ISP(s) for further punitive action and may result in criminal or civil penalties under various laws.

Abuse of our messaging systems and/or sending spam is a serious offense and will result in closure of your account here.


10. Maintenance / System Downtime. We reserve the right to initiate system downtime for maintenance purposes at anytime.

11. Termination. This site may, at its sole discretion, terminate Service should Member's conduct fail to conform to this User Agreement or other rules of this site. Abusiveness or use of profanity directed toward this site, its personnel or other subscribers will result in immediate termination of the Member's account here.

12. Intellectual Property. You agree that all information on the AmmoGuide.com website is the intellectual property of the AmmoGuide.com owners. You further agree to refrain from posting or transmitting any materials that infringe any third party's intellectual property, including copyright, patent, trademark, trade secret or other proprietary rights or interests. If you believe that materials posted on this site violate your copyright you can contact the site's designated agent as per the Digital Millennium Copyright Act and file a claim of infringement. It is further agreed that access to information on this website is granted by subscription only, and under no circumstance does it include the right to download or otherwise create a local or cached copy of this database for private or commercial use.

Terms of Use and Service
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This Site ("Service"), owned and operated by this Site Owner ("AmmoGuide.com"), is provided to you under the following Terms of Service and any operating rules or policies that may be published by this Site. The Terms of Service comprise the entire agreement between Member and this Site and supersede all prior agreements between the parties, regarding the subject matter contained herein. By participating in the registration process, you are indicating your agreement to be bound by all of these Terms of Service.

DESCRIPTION OF SERVICE
This Site is providing Member with a subscription for a specific period of time to participate in various services, including access to a contemporary database of reloading data combined with communication facilities with other Members, for the Member's entertainment and edification in that area. In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Furthermore, Member grants this Site the right to disclose to third parties certain Registration Data about Member and Service membership in the aggregate; however, such disclosures will exclude Member's name, mailing address, email address, account and phone number, unless: (1) Member expressly directs this Site, or any other person, Member may specifically designate to disclose such information through the Service as provided by the Service, or (2) this Site is required to disclose such information by any applicable law or legal process served on this Site.

If any information provided by Member is incomplete or inaccurate, this Site retains the right to terminate Member's membership and rights to use the Service.

MODIFICATIONS TO TERMS OF SERVICE
This Site reserves the right to modify these terms and conditions at any time without notice. Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of these Terms of Service and any modifications; and (2) agreement by Member to abide and be bound by these Terms of Service and modifications.

MODIFICATIONS TO SERVICE
This Site reserves the right to modify or discontinue the Service with or without notice to Member. This Site shall not be liable to Member or any third party should this Site exercise its right to modify or discontinue the Service.

SITE OBLIGATIONS
Member acknowledges and agrees that this Site does not endorse any of the information presented through the Service.

Member acknowledges and agrees that this Site is not responsible for any damages, nor for misrepresentations by Members. Member acknowledges and agrees that any dispute involving this Site shall be settled by arbitration in the state of California, USA pursuant to the Rules of the National Arbitration Forum.

MEMBER ACCOUNT, PASSWORD, AND SECURITY
As a member of the Service, you have received a user ID and a password. You are entirely responsible if you do not maintain the confidentiality of your user ID and password. Furthermore, you are entirely responsible for any and all activities, which occur under your user ID and password. Member agrees to immediately notify this Site of any unauthorized use of Member's user ID or any other breach of security known to Member.

DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS" AND & "AS AVAILABLE" BASIS. THIS SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THIS SITE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THIS SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THIS SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM THIS SITE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
THIS SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NO RESALE OR COMMERCIAL USE OF THE SERVICE
Member's right to use the Service is personal to Member. Member agrees not to resell or make any commercial use of the Service, or the data accessed therein, without the express written consent of Mike Haas.

OTHER LIMITATIONS
This Site retains the right, at our sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of these Terms of Service and User Agreement. This Site reserves the right to terminate service if a Member's conduct is found to be inconsistent with these Terms of Service and User Agreement.

MEMBER CONDUCT
Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.

Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. This Site may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these Terms of Service and User Agreement.

INDEMNIFICATION
Member agrees to indemnify and hold this Site, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of these Terms of Service by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.

TERMINATION
Should Member object to any of these Terms of Service or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify this Site of termination.

PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. This Site assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

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