FFL STOCK SWAP

GENERAL TERMS AND CONDITIONS OF USE

Please read the FFL Stock Swap, LLC (FFLSS) General Terms and Conditions of Use referred to herein as the “Terms of Use” carefully before using the FFLSS website (herein the “Site”), and other any other services offered by FFLSS. This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you.
The Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
The Terms of Use apply to all members of the Site, including without limitation members who upload information, are contributors of content, and other materials, items, inventory, or services on the Site which may be modified. By acknowledging your assent to these Terms of Use and use of the Site, you affirm that you currently possess a valid Federal Firearms License (FFL). An FFL is required to qualify as an FFLSS member and is required to enter into this agreement, and you hereby accept and are legally bound by these Terms of Use.
You may not use the Site if you (a) do not agree to and comply with these Terms of Use, and (b) are prohibited from accessing or using the Site or any of the Site’s contents, goods, or services. If you are not a Dealer at the time of application to FFLSS you are prohibited from becoming a member.

FFLSS Membership Status: Restriction, Revocation, and Termination
As a Member you agree to maintain your FFL in good standing with the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (the “ATF”). If at any point your FFL is suspended, forfeited, not renewed, is revoked or in any way restricted, you agree to immediately notify FFLSS admin at admin@fflstockswap.com at which point your Membership, in FFLSS’s sole discretion, may be restrict to Restricted Membership status or terminated.
During any period of restricted Membership, including the period FFLSS is making its determination as to membership status, regardless of the cause or reason, no refund or prorations of Dues will be granted.
Once your application for membership has been approved, you hereby agree and authorize FFLSS to charge a fee for your subscription, known as the FFLSS Membership Dues (“Dues”), on a recurring basis agreed to by the applicant during the application for membership process for its Subscription which shall automatically renew on the renewal date without prior notice. It is at this point, you, the applicant, will be known as a Member of FFLSS.
Member agrees it will be charged continuously until its membership is restricted or terminated at either Member or at FFLSS’s discretion. Member has the right to terminate membership only by written notice received by FFLSS. Said termination shall be effective at the next renewal date without refund or proration for the period prior to the membership renewal date.
Issues with credit card processing such as canceled or expired cards are the members responsibility to update within the FFLSS system. FFLSS is hereby authorized to charge for all prior or passed renewal periods and or back to the lapsed date for which Due(s) were not received. If Due(s) are not received, FFLSS has the right to terminate the subscription and the membership.

The Site is a Communication Portal. FFLSS has developed and operates an online channel at the Site for the purpose of communicating about the exchange of products exclusively with other Members who are FFL’s 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 who are licensed to exchange and have agreed with FFLSS, among other things, to list and make products or services of their choosing available to other members through the Site.
Members of FFLSS hereby agree to abide by all applicable local, state, and federal ordinance, and laws.
FFLSS is not responsible for the accuracy of information uploaded by its members.
FFLSS does not own any products and as such will not fulfill, deliver or ship any product(s). Uploading product information, fulfilling orders, shipping and the exchange of currency are the responsibility of those Members involved in an exchange according to terms they mutually agree to.
Member is solely responsible for all activity on their account and for maintaining secure login credentials including Member name and password.

Membership Prices and Payment Terms
All prices on the Site are quoted in US Dollars. Posted Dues may or may not include taxes or other charges members are responsible for paying.
The cost of Dues may change from time to time, however, Members will receive at least 30 days prior written notice.
Members shall have the right to terminate their membership at any time for any or no reason. The termination will be effective upon the next renewal date with no refunds or prorations of Dues.
Terms of payment are within FFLSS’ sole discretion and payment must be received by FFLSS before approval of Membership. We accept the methods of payment identified during the checkout process on the Site. Each Member 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 Applicant / Member is duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by such Member will be honored by his or her credit card company or payment method processor, and (iv) such Member will pay charges incurred by him or her at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the the Site at the time of the order (v) they are the responsible party of the FFL.

Compliance, Standard Operating Procedures, Returns, Refunds, Transfers and Payments for Goods and Services.
Other than the recurring Dues, FFLSS is not involved with nor responsible for exchanges / transactions that occur between Members and does not have nor offer a return or exchange policy for Products found on the Site. Returns, exchanges, shipping, stolen items, insurance / package protection, any and all representations made by Members to other Members, restocking fees, FFL transfers, the exchange of necessary and accurate information and documentation; and payments are the sole responsibility of Members directly involved in an exchange / transaction.
Members must have a compliance protocol in place to help prevent the shipment of firearms and other restricted or regulated Products.
FFLSS does not manufacture any of the Products found on the Site. The availability of Products found on the Site does not indicate an affiliation with or endorsement of any Product, manufacturer, Member, service or Dealer. Accordingly, FFLSS does not provide any warranties with respect to the Products found on the the Site.
FFLSS assumes no, and Member hereby releases FFLSS 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, Member abuse or neglect of the Product or other influences beyond FFLSS’s direct and immediate control.
You / Member understand that handling, cleaning or discharging a Firearm, ammunition or ammunition components may cause exposure to lead, and you hereby hold FFLSS harmless from and assume all responsibility and liability for any lead exposure.

FFLSS MAKES NO WARRANTIES WITH RESPECT TO THE PRODUCTS FOUND ON THE SITE, WHICH ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FFLSS DISCLAIMS ALL WARRANTIES RELATING TO THE PRODUCTS, THE the Site OR THE USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE LEGALITY OF AN EXCHANGE, 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 FFLSS.
You represent and warrant to FFLSS 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 Site, (iv) are not considered a prohibited person in the eyes of the ATF and have not been convicted of a felony.
If you are transacting / exchanging a Firearm or other Product restricted by Law, you further represent and warrant that: (i) you are not prohibited by Law from receiving or possessing Firearms or any other Product you order that is restricted by Law, (ii) you are the actual transferee/purchaser of the Firearm or other restricted Product you order and you are not ordering or acquiring such Firearm or restricted Product on behalf of any other person, (iii) you assume all responsibility for the legality of any Firearm 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 may be exchanging products found on the Site with Members. You further represent and warrant that all purchases are intended for final delivery to permissible locations within the USA and will note Exchange 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.

Eligibility and Confidentiality
The Site is not targeted towards, nor intended for use by, anyone or entity who does not possess a valid Federal Firearms License conducting business as either a dealer or manufacturer. All others, including distributors are prohibited from accessing the membership pages of the Site. Any Member or individual associated with a distributor gaining access or providing access to the membership pages of the site may be found to have violated the non-disclosure / non-compete sections of the Terms of Use.

Term and Termination.

Term. When you accept these Terms of Use (whether by clicking “I Accept,” by participating as a Member of the 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 Member of the Site ends.
Termination. You may terminate your account with FFLSS by contacting admin@fflstockswap.com. Similarly, FFLSS may suspend or terminate a Member account and your access to the 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 Site.
Survival. These Terms of Use will remain in effect even after your account is terminated or your use of the Site ends.
Privacy. FFLSS respects your privacy and is committed to protecting it. The FFLSS Privacy Policy, https://www.__________________/privacy-policy, governs the processing of all personal data collected in connection with the use of the the Site.

Please read the Privacy Policy carefully to understand how the Site collects, uses and discloses personally identifiable information from its members. By becoming a member, you consent to all action that we take with respect to your data consistent with our Privacy Policy.
We need a privacy policy.

Email Communications, Push Notifications, and Messages on the Site
Members, by default, opt in to receive promotional email communications from FFLSS (“email Communications”). The member may, at the time of sign up, opt out of receiving Email Communications from FFLSS. Thereafter, the Member may opt out of receiving Email communications by adjusting the member profit settings. in the member profile.
Similarly, upon confirmation of membership to the Site, the Member is provided the option to opt in to receive push notifications from FFLSS on their device. This may include promotional communications, offers, and system messages pushed to the device or within the member messages feature (“Push Notifications”). The member may opt out of receiving Push Notifications adjusting the member profit settings in the member profile.
Finally, as a Member, messages will automatically be displayed to the Member via the Sites’ messaging notification system. If the member does not wish to see or receive such messages, the member must terminate his or her membership.

Acceptable Use of the Site
Members use of the Site along with its content and information is limited to the contemplated functionality of the Site as generally described in the FAQ’s and no other purpose. In no event may the Site be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to the rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c ) provides sensitive personal information unless specifically requested by FFLSS, (d) includes spam or other unsolicited advertising: (e) uses technology or other means to access the Site or content that is not authorized by FFLSS; (f) uses or launches any automated system, including without limitation, “robots,” “spiders”, or “offline readers,” to access the Site or its content; (g) attempts to introduce viruses or any other computer software, hardware or telecommunications equipment; (h) attempts to gain unauthorized access to FFLSS’ computer network, or member accounts; (i) violates these Terms of Use; (k) attempts to damage, disable, overburden or impair FFLSSs’ services or networks; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms (collectively “Acceptable Use”). FFLSS reserves the right, in its sole discretion, to terminate any membership, remove content, or assert legal action with respect to content and or membership that FFLSS reasonably believes is or might be in violation of these Terms of Use. FFLSSs’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms of Use.

Intellectual Property. All intellectual property rights and other rights relating to the Site and the trademarks and service marks of FFLSS (the “FFLSS Marks”) will at all times be the exclusive property of FFLSS or its licensors, and all use of such rights will accrue to the benefit of FFLSS. Member will not challenge FFLSS’s title to such intellectual property, including, without limitation, the FFLSS Marks, oppose any registration thereof, or challenge the validity of these Terms of Use. Furthermore, Member 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 FFLSS Marks, without the prior written consent of FFLSS. Member acknowledges and agrees that, as between FFLSS and Member, FFLSS owns all Member information found on and collected through the the 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 FFLSS or its licensors or to otherwise give Member any proprietary rights to any of the intellectual property rights of FFLSS or its licensors. Member grants FFLSS an irrevocable, perpetual, worldwide, royalty-free right and license to use information or content Member supplies to FFLSS.
Acceptable Use and Restrictions. You agree to protect the Site and its proprietary content, information and other materials, from unauthorized access or use, and you agree that you will not use the Site or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by FFLSS. You agree that: (a) you will not use the the Site if you are not fully able and legally competent to agree to these Terms of Use; (b) you will only use the the Site for lawful purposes and you will not use the the Site for sending or storing any unlawful Products, services, or 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 the Site to send “spam”; (d) you will not use the the Site to cause nuisance, annoyance or inconvenience; (e) you will not impair the proper operation of the the Site network; (f) you will not try to harm the the Site in any way whatsoever; (g) you will not copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Site, any updates, or any part thereof or content therein without written permission from FFLSS; (h) you will not distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the the Site in any unauthorized manner, including but not limited to by trespass or burdening network capacity, or use the Site in any service bureau arrangement; (i) you will not attempt to obtain any information or content from the the Site using any robot, spider, scraper or other automated means for any purpose; (j) you will keep secure and confidential your account password or any identification we provide you which allows access to the the Site or your account thereon; (k) you will only use an access point or data account which you are authorized to use; (l) you will provide whatever proof of identity and age reasonably requested by FFLSS or any transferring FFL Dealer / Member; and (m) 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 the Site; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the App, Website, any updates to or portion of the the 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 the Site); (iii) use any means to discover the source code of the the Site and software or to discover the trade secrets in the the Site or software; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the the Site. Any attempt to do any of the foregoing is a violation of these Terms of Use and the rights of FFLSS 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.

FFLSS respects the copyright of others, and we ask our Members to do the same. FFLSS may, in appropriate circumstances and at its discretion, disable and/or terminate the access of Members who may be infringers. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide FFLSS’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 the 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 the 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 FFLSS 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 FFLSS copyright agent, FFLSS 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 Member, the removed content may (in FFLSS’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
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FFLSS’s agent for notice of claims of copyright infringement can be reached as follows: ADMIN@FFLSTOCKSWAP.COM.

Indemnification. Member will indemnify, defend, and hold FFLSS 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) Member’s failure to comply with applicable Laws, (ii) Member’s breach of these Terms of Use, or (iii) the negligence or intentional misconduct of Member.

Limitations of Liability.
Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL FFLSS 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 the Site, EVEN IF FFLSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FFLSS’ AGGREGATE CUMULATIVE LIABILITY FOR DAMAGES ARISING IN CONNECTION WITH THE PRODUCTS, THESE TERMS OF USE OR THE the 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 MEMBER TO FFLSS IN RESPECT OF THE PARTICULAR PRODUCT OR SERVICE 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, CONSOLIDATED 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 the 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 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 Houston, Texas. The arbitration will be conducted by a single arbitrator chosen by you and FFLSS or, if you and FFLSS 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 FFLSS 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.
Applicant hereby acknowledges FFLSS will review applications for completeness, accuracy and validity prior to providing Applicant with Membership privileges including confirming FFL status with governing authorities. FFLSS reserves the right to reject an application for any or no reason.
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.
Amendments. FFLSS 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 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 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 FFLSS.
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 FFLSS will be in writing and will be deemed effectively delivered: (i) when posted to the the Site, or (ii) sent by email to the account provided by the Member, 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 FFLSS by you will be in writing and will be deemed effectively delivered: (i) when sent by email to FFLSS at ADMIN@FFLSTOCKSWAP.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 FFLSS. 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 franchisor-franchisee relationship is intended or created by these Terms of Use. FFLSS has no special relationship with or fiduciary duty to any Member.
Links from the Site. The 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 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 the 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 Site.
Force Majeure. FFLSS will have no liability to any Member 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 FFLSS 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 Texas, 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 Texas 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 Texas, 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 your Membership, 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 FFLSS. 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 which may result in membership termination.
All Members are to always conduct themselves in a professional and courteous manner.

FFLSS is not responsible for:
The conduct of Members including any loss or damages arising from the use of FFLSS by its Members.
The accuracy or quality of information about members or items, their condition and availability posted on the Site as the Site is simply a communication portal to connect members who are the responsible party.
Providing means by which items or value are shipped or otherwise exchanged which shall be agreed upon by the parties.
Any aspect of an Exchange (transfer, sale, swap, purchase, trade or other means of exchange that occurs resulting from use of the Site.
Any errors, inaccuracies, or omissions of goods and services found on the Site.

DEFINITIONS
Applicant – an FFL responsible party, in the eyes of the Bureau of ATF&E who is in the process of seeking Membership to the FFLSS.
Buyer(s) – a type of Member of Site who has, or may communicate about purchasing goods or services from Site Members.
Dealer(s) – all Members of the Site are FFL Dealers.
Dues – recurring amount of USD paid to FFLSS for Membership on a subscription basis to the Site.
Exchange – sale, purchase, trade or swap of Products which are communicated about on the Site.
FFL – a Federal Firearms License issued by the Bureau of Alcohol Tobacco, Firearms and Explosives and may be interchangeably used to refer to an FFL license holder (a “Licensee” or “Dealer”) within these Terms of Use.
FFL Stock Swap – a subscription-based communication channel exclusively for FFL’s.
FFLSS – FFL Stock Swap, LLC is a U.S. based company that owns and operates the FFL Stock Swap website.
Gun or Firearm – a device as defined in 18 United States Code Section 921(a).
Members – individuals who are paying for access to and are in good standing of FFLSS and who according to the ATF hold a valid FFL and who are in good standing with FFL Stock Swap as a paying member of the Site.
Product(s) – firearms, ammunition, scopes, sites, holsters, and other accessories and services an FFLSS may seek to Exchange with other FFL’s.
Restricted Membership – a Member whose action or inaction, on or off the FFLSS platform, results in membership being limited, restricted or paused in some manner as determined by FFLSS.
Seller(s) – a type of Member of Site who has or may communicate about goods or services with other Members.
Subscription – the exchange of access to the FFLSS platform a Member enjoys in exchange for a fee amount paid on a recurring basis.
Swapper(s) – a type of Member of Site who has, or may communicate about purchasing or trading goods or services from Site Members.
Member(s) – FFL’s who have received notification of their approved membership application to the Site and are paying for their access to it who either intend to or actively upload information about products they wish to sell, search for and offer to buy, buy and or Swap products.
Site – the internet website known as www.fflstockswap.com.

Confidentiality and Non-Compete section…