Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using Netgats ("Platform," "Site," "Service"), you ("User," "you," "your") agree to be bound by these Terms of Service ("Terms," "Agreement"), our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must immediately discontinue use of the Platform.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 18) THAT AFFECTS YOUR LEGAL RIGHTS.Please read carefully.

Netgats LLC ("Netgats," "we," "us," "our") reserves the right to modify, amend, or update these Terms at any time without prior notice. Changes become effective immediately upon posting. Your continued use of the Platform after changes constitutes binding acceptance of the modified Terms. We recommend reviewing these Terms periodically.

2. Platform Status - Marketplace Intermediary Only

Marketplace Facilitator Status

Netgats provides an online platform where third-party sellers ("Sellers," "Merchants") may list items for sale and third-party buyers ("Buyers") may purchase such items. Netgats currently sells NONE of the items listed on the Platform aside from Netgats-branded merchandise.All listings are created and maintained by independent third-party Sellers.

Netgats does NOT:

• Take possession, custody, control, or ownership of items listed on the Platform
• Inspect, verify, test, authenticate, or appraise any items
• Handle, package, ship, transport, or transfer any items
• Verify the quality, condition, safety, legality, or authenticity of items listed
• Guarantee the accuracy, completeness, or truthfulness of Seller descriptions, representations, or warranties
• Warrant or guarantee that transactions will be completed successfully
• Act as an agent, representative, or fiduciary for any User
• Provide FFL transfer services or facilitate firearm transfers directly
• Conduct background checks or verify User eligibility to possess firearms

All Transactions Are Between Users

ALL SALES, PURCHASES, AND TRANSFERS OCCUR EXCLUSIVELY BETWEEN BUYERS AND SELLERS. Netgats merely provides the technological infrastructure, communication tools, and payment processing facilitation to enable Users to engage in peer-to-peer transactions. Users acknowledge and agree that Netgats is not a party to any transaction and bears no responsibility for transaction outcomes.

3. Section 230 Safe Harbor Protection

Netgats operates as an "interactive computer service" provider under Section 230(c) of the Communications Decency Act, 47 U.S.C. § 230. As such, Netgats shall not be treated as the publisher or speaker of any information provided by Users and is not liable for User-generated content or User conduct.

All listings, descriptions, photos, communications, and representations are created and published by third-party Users. Netgats does not create, edit, or substantially contribute to User content. Users are solely responsible for their own content and conduct.

This Platform functions similarly to other established online marketplaces in providing neutral tools for lawful commerce without involvement in transactions.

4. User Eligibility and Legal Compliance

4.1 Minimum Age Requirement

You must be at least 18 years of age to use this Platform. For handgun purchases, you must be at least 21 years of ageor meet other applicable federal and state requirements. By using this Platform, you represent and warrant that you meet all age requirements.

4.2 Legal Eligibility to Possess Firearms

By using this Platform, you represent, warrant, and covenant that:

• You are legally permitted to purchase, possess, own, and transfer firearms under ALL applicable federal, state, and local laws
• You are NOT a "prohibited person" under 18 U.S.C. § 922(g) or any other federal, state, or local law
• You have never been convicted of a felony or crime punishable by imprisonment exceeding one year
• You are not subject to any restraining order, protective order, or order of protection
• You have never been convicted of a misdemeanor crime of domestic violence
• You are not a fugitive from justice
• You are not an unlawful user of or addicted to any controlled substance
• You have not been adjudicated as a mental defective or committed to any mental institution
• You are a U.S. citizen or legal permanent resident (or qualify under applicable exceptions)
• You have not been dishonorably discharged from the Armed Forces
• You have not renounced your U.S. citizenship
• You are not otherwise prohibited from shipping, transporting, receiving, or possessing firearms or ammunition

4.3 User Responsibility for Legal Compliance

4.4 Federal Firearms Laws

Users must comply with all applicable federal laws, including but not limited to:

• Gun Control Act of 1968 (GCA), 18 U.S.C. § 921 et seq.
• Brady Handgun Violence Prevention Act, Pub. L. No. 103-159
• National Firearms Act (NFA), 26 U.S.C. § 5801 et seq.
• Firearm Owners Protection Act (FOPA), 18 U.S.C. § 921 note
• Arms Export Control Act (AECA), 22 U.S.C. § 2778
• International Traffic in Arms Regulations (ITAR), 22 C.F.R. § 120-130

5. FFL Transfer Requirements and Interstate Sales

5.1 Interstate Firearm Transfers

5.2 Intrastate (Same-State) Sales

Intrastate private firearm sales (sales between residents of the same state) may be permitted without FFL involvement under federal law,HOWEVER, many states have enacted additional requirements including background checks, permits, waiting periods, or mandatory FFL involvement for all transfers.

Examples of state-specific requirements:

• California: All firearm transfers must go through an FFL and include background checks
• Connecticut: Requires authorization numbers before any transfer
• Illinois: Requires a Firearm Owner's Identification (FOID) card
• Maryland: Requires background checks for all handgun transfers
• New York: Requires background checks and FFL involvement for most transfers

Users must independently research and comply with laws in their jurisdiction. This list is not exhaustive and laws change frequently.

5.3 Buyer Responsibilities for FFL Transfers

Buyers purchasing firearms are responsible for:

• Locating and designating a valid FFL dealer in their area BEFORE purchase
• Providing complete and accurate FFL information to the Seller
• Verifying the FFL is willing to accept the transfer
• Paying FFL transfer fees (typically $25-$75, separate from item price)
• Completing all required ATF Form 4473 paperwork
• Passing all required background checks
• Complying with any state or local permit, license, or waiting period requirements

5.4 Seller Responsibilities for FFL Transfers

Sellers of firearms are responsible for:

• Verifying the FFL is valid before shipment (via ATF FFL eZ Check or by obtaining a signed copy of the license)
• Shipping ONLY to the address on the FFL license
• Using appropriate carriers (USPS for long guns, common carrier for handguns per ATF guidelines)
• Declaring firearms to the carrier as required
• Including all required documentation
• Maintaining records of the transfer

6. Buyer Responsibilities and Obligations

As a Buyer on the Platform, you acknowledge and agree to the following:

6.1 Pre-Purchase Verification

• Verify your legal eligibility to purchase and possess the specific item in your jurisdiction
• Research and understand all applicable federal, state, and local laws
• Identify and contact a local FFL dealer BEFORE purchasing firearms
• Understand that item availability and legality vary by location
• Review Seller descriptions, photos, and policies carefully
• Ask questions BEFORE purchase if anything is unclear

6.2 Purchase and Payment

• Complete payment promptly after purchase confirmation
• Provide accurate, complete shipping or FFL information
• Respond to Seller communications in a timely manner
• Understand that FFL transfer fees are separate and additional
• Comply with payment terms and conditions

6.3 Receipt and Inspection

• Track shipment and ensure someone is available to receive delivery
• Inspect items promptly upon receipt (within 3 days for Platform protection)
• Complete FFL transfer process including background check
• Document any issues with photos and detailed descriptions
• Contact Seller immediately if there are problems
• File disputes within required timeframes

6.4 Buyer Protection

Subject to these Terms, Buyers may be eligible for purchase protection when:

• Item is not received despite payment (excluding carrier delays)
• Item is significantly not as described in the listing
• Item arrives damaged (packaging evidence required)
• Wrong item is shipped
• Item is defective or unsafe

7. Seller Responsibilities and Obligations

7.1 Legal Compliance

As a Seller, you represent, warrant, and covenant that:

• You have the legal right and authority to sell the item
• You are not "engaged in the business" of selling firearms without an FFL (unless you hold a valid FFL)
• You will not knowingly sell to prohibited persons
• You will comply with all applicable shipping, transportation, and transfer laws
• You will maintain any records required by law
• Your listings contain accurate, complete, and truthful information

7.2 Accurate Listings

• Provide complete, accurate, and honest descriptions
• Use clear, representative photos showing actual item condition
• Disclose ALL known defects, damage, malfunctions, or issues
• Specify manufacturer, model, caliber/gauge, condition, and relevant specifications
• State any restrictions on sales (age, state, local laws)
• Specify handling time (default: 3 business days)
• Include accurate item location (city and state)

7.3 Shipping Requirements

• Ship within stated handling time (maximum 3 business days unless otherwise specified)
• Provide tracking number to Buyer within 24 hours of shipment
• Package items securely to prevent damage using appropriate materials
• Ship firearms ONLY to valid FFL dealers with current licenses
• Use appropriate carriers per federal regulations
• Declare firearms to carriers as required
• Insure high-value shipments
• Require adult signature on delivery for valuable items

7.4 Seller Protection

Subject to these Terms, Sellers are protected from disputes when they:

• Ship within stated handling time
• Provide valid tracking showing delivery to correct address
• Ship firearms to Buyer's designated FFL address
• Provide accurate descriptions with photos
• Package items properly
• Respond promptly to Buyer communications
• Retain documentation and records

8. Payment Processing and Fund Holds

8.1 Payment Hold System

To protect both Buyers and Sellers, payments are held by our third-party payment processor (Authorize.Net) until transaction conditions are met. This payment hold system is NOT a formal escrow service but functions similarly to protect parties from fraud.

8.2 Payment Release Conditions

• Standard Release: Automatic release 3 days after delivery confirmation if no dispute is filed
• Early Release: Buyer may authorize immediate release after receiving and inspecting item
• Maximum Hold: 30 days for undisputed transactions
• Disputed Transactions: Funds held until dispute is resolved per Section 9

8.3 Payment Methods

Accepted payment methods include:

• Credit cards (Visa, Mastercard, American Express, Discover)
• Debit cards with credit card processing
• ACH/eCheck (where available)

8.4 Wallet & Credits System

Netgats provides a virtual wallet system that allows users to store funds and earn credits for future purchases. This is NOT a bank account or insured deposit account. Wallet funds are stored balances tracked in our database, with actual funds held by Netgats LLC.

Wallet Cash Balance

• Deposits: You may add funds to your wallet via credit/debit card. Minimum deposit is $10. Deposits are non-refundable except as required by law.
• Withdrawals: You may request withdrawals to your linked payment method. Minimum withdrawal is $10. Withdrawals are processed within 3-5 business days.
• Usage: Wallet funds can be used for any purchase on the Platform, including firearms, accessories, ammunition, and subscriptions.
• No Interest: Wallet balances do not earn interest. Netgats may earn interest on pooled user funds held in our operating accounts.
• Not FDIC Insured: Wallet balances are not bank deposits and are not insured by the FDIC or any government agency.

Subscription Credits

• Earning Credits: Active subscription members automatically receive monthly credits based on their tier level (50% of subscription cost).
• Usage: Credits can be applied to any purchase on the Platform alongside wallet cash or credit cards.
• Expiration: Credits expire 90 days from the date earned. Expired credits are forfeited and cannot be restored.
• Non-Transferable: Credits cannot be transferred to other users, exchanged for cash, or withdrawn.
• Cancellation: Upon subscription cancellation, unused credits remain valid until their expiration date.

Important Limitations

9. Dispute Resolution

9.1 Mandatory Dispute Process

All disputes between Buyers and Sellers must be resolved through our dispute resolution system BEFORE pursuing other remedies. Failure to follow this process may waive certain rights and protections.

9.2 Dispute Outcomes

Netgats decisions are final and binding except as provided in Section 18 (Arbitration). Attempting to circumvent our dispute process by filing chargebacks or initiating external disputes before exhausting our process may result in account termination and forfeiture of seller protection.

9.3 Fraudulent or Frivolous Disputes

Users who file false, fraudulent, or repeatedly frivolous disputes may be subject to account suspension, termination, dispute fees, and/or referral to law enforcement. Buyers who file disputes after damaging items or Sellers who submit false evidence face the same consequences.

10. Prohibited Conduct and Items

10.1 Strictly Prohibited Activities

Users are strictly prohibited from:

• Violating any federal, state, or local law or regulation
• Selling to or purchasing from prohibited persons
• Circumventing FFL transfer requirements for interstate sales
• Engaging in straw purchases or acting as a straw purchaser
• Trafficking firearms illegally
• Falsifying information, documents, or records
• Misrepresenting items, conditions, or terms
• Filing false or fraudulent claims or disputes
• Harassing, threatening, or defrauding other Users
• Manipulating feedback, ratings, or reputation systems
• Conducting transactions off-Platform to avoid fees
• Creating multiple accounts to evade restrictions
• Using automated tools, bots, or scrapers
• Attempting to hack, disrupt, or damage the Platform

10.2 Prohibited Items

The following items are prohibited from listing:

• Stolen property or items obtained illegally
• Counterfeit, replica, or fake items represented as genuine
• Unregistered NFA items (machine guns, short-barreled rifles, suppressors, etc.)
• Fully automatic weapons not registered under the NFA
• Explosive devices, grenades, or destructive devices
• Items prohibited under federal or state law
• Illegal modifications or conversions
• Ghost guns or unserialized firearms where prohibited
• Items with removed or altered serial numbers

10.3 Enforcement

Violations may result in listing removal, account suspension or termination, forfeiture of funds, referral to law enforcement, and/or legal action. Netgats reserves the right to report violations to federal, state, and local authorities including ATF, FBI, and local law enforcement.

11. Seller Commission Structure and Fees

11.1 Commission Rates

Netgats charges sellers a commission on completed sales. The commission rate depends on the listing type and pricing:

11.2 When Commission is Charged

Commission is deducted from the sale proceeds when payment is released to the Seller. Commission is calculated on the final sale price and does not include shipping costs, taxes, or FFL transfer fees (which are separate and paid by the Buyer).

• Successful Sale: Commission deducted when funds are released after inspection period
• Cancelled by Seller: No commission charged if Seller cancels before shipment
• Refunded Transaction: Full commission refunded to Seller if transaction is fully refunded
• Partial Refund: Commission adjusted proportionally based on final amount paid to Seller

11.3 Payment Processing Fees

In addition to Platform commission, standard payment processing fees apply to all transactions:

• Credit/Debit Cards: 2.9% + $0.30 per transaction (industry standard)
• ACH/eCheck: 0.8% (where available, minimum $5 fee may apply)

Payment processing fees are charged by our third-party payment processor (Authorize.Net/Stripe) and are passed through to users at cost. Netgats does not profit from payment processing fees.

11.4 Subscription Tiers and Benefits

Netgats offers optional subscription tiers with additional benefits. Subscription tiers are named after military ranks and provide progressive perks:

11.5 Early Access System for Hot Deals

Hot Deals are released in timed waves to reward paid subscribers with early purchase opportunities:

1. Captain Tier (24 hours): Exclusive access for first 24 hours after Hot Deal verification
2. Sergeant Tier (6 hours): Access opens after 24 hours, available for next 6 hours
3. Corporal Tier (1 hour): Access opens after 30 hours, available for next 1 hour
4. Public (Recruit): After 31 hours, Hot Deal becomes available to all users

Important: If a Hot Deal sells during an early access period, lower tiers never receive access. This creates urgency and rewards higher-tier subscribers. Sellers receive the same 4% commission regardless of which tier purchases the item.

11.6 Seller Credits System

Subscription members automatically receive monthly credits equal to 50% of their subscription cost:

• Corporal: $5 credit per month
• Sergeant: $10 credit per month
• Captain: $20 credit per month

Credits can be used for any purchase on the Platform. Credits expire 90 days after issuance and cannot be transferred or withdrawn for cash. See Section 8.4 for complete wallet and credits terms.

11.7 Other Fees

• Listing Fees: $0 (no charge to create listings)
• Photo Fees: $0 (unlimited photos allowed)
• Featured Listings: Included for Hot Deals; not available for standard listings
• Dispute Fees: May apply if you file frivolous or fraudulent disputes (typically $25-$50)
• Chargeback Fees: $25 if you file an unauthorized chargeback after exhausting Platform dispute process

11.8 FFL Transfer Fees

FFL transfer fees are separate costs paid directly to FFL dealers by Buyers and are NOT included in item prices or Platform fees. Typical FFL transfer fees range from $25-$75 depending on the dealer. Netgats does not set, collect, or receive any portion of FFL transfer fees.

11.9 Fee Changes

Netgats reserves the right to modify commission rates, subscription pricing, and other fees with at least 30 days' advance notice to users. Notice will be provided via email and Platform announcement. Continued use of the Platform after the effective date of fee changes constitutes acceptance of the new fee structure. Active subscription members will be notified before renewal at new rates.

11A. Local Peer-to-Peer Transaction Guidelines

11A.1 Local Transactions Overview

Netgats permits local peer-to-peer transactions where Buyers and Sellers meet in person for intrastate (same-state) transfers. Local transactions offer significant benefits including no shipping costs, no FFL fees (where permitted), and immediate possession. However, you are solely responsible for ensuring full compliance with all applicable laws.

11A.2 Mandatory Safety Requirements

For your safety, Netgats STRONGLY RECOMMENDS and may require the following safety practices for local transactions:

• Public Location: Meet ONLY in well-lit, heavily trafficked public locations
• Police Stations: Many police departments offer designated "safe exchange zones" with video surveillance
• Daylight Hours: Conduct meetings during daylight hours (6 AM - 6 PM recommended)
• Bring a Companion: Never meet alone; bring a trusted friend or family member
• Verify Identity: Inspect buyer/seller government-issued photo ID before transfer
• Document Transaction: Complete a bill of sale with names, dates, item description, and serial number
• Verify Legal Eligibility: Ask buyer to confirm they are legally permitted to possess firearms
• No Private Residences: Never meet at private homes, apartments, or isolated locations

11A.3 What to Verify Before Transfer

Before completing a local firearm transfer, verify the following:

11A.4 Bill of Sale

BOTH parties must complete and retain a bill of sale documenting the transaction. While not required by federal law for private intrastate sales, a bill of sale provides critical legal protection if questions arise later. Include:

• Date and location of transfer
• Full legal names and addresses of both parties
• Driver's license numbers of both parties
• Complete firearm description (make, model, caliber, serial number)
• Sale price
• Signatures of both parties
• Statement that buyer confirms legal eligibility

Netgats provides a bill of sale template in your account dashboard. Retain copies for your records for at least 10 years.

11A.5 Payment for Local Transactions

Local transactions completed through the Platform must use Platform payment processing to maintain buyer/seller protection:

• Authorized: Complete purchase through Platform; payment held until meeting confirmed
• Meet: Conduct in-person exchange at safe location
• Confirm: Both parties confirm successful exchange through Platform within 24 hours
• Release: Funds released to Seller after confirmation

Prohibited: Conducting local transactions with cash, Venmo, PayPal, or other off-Platform payment methods circumvents protections and violates these Terms. Users who conduct off-Platform transactions forfeit all buyer and seller protections and may face account termination.

11A.6 Local Transaction Disputes

If issues arise with a local transaction, contact Netgats support immediately and file a formal dispute within 24 hours of the meeting. Provide documentation including photos, bill of sale, ID verification, and detailed descriptions. Disputes are resolved using the standard process described in Section 9, with additional weight given to physical evidence and meeting location verification.

11B. Escrow Hold Periods and Verification Tiers

11B.1 Escrow System Overview

Netgats uses a payment hold system (quasi-escrow) to protect both Buyers and Sellers. Buyer payments are authorized but not immediately released to Sellers. Instead, funds are held by our payment processor until transaction conditions are met. The hold period varies based on the Seller's verification tier and transaction history.

11B.2 Seller Verification Tiers

Sellers are assigned verification tiers based on completed verification steps and transaction history:

11B.3 Payment Hold Timeline

The standard payment hold process works as follows:

1. Purchase: Buyer completes purchase; payment authorized and held
2. Shipment: Seller ships item with tracking within handling time
3. Delivery: Tracking confirms delivery to correct address
4. Inspection Period: Buyer has 3 days to inspect and report issues
5. Hold Period: Additional hold based on seller's verification tier (0-14 days)
6. Release: If no disputes filed, payment automatically releases to Seller

11B.4 Early Payment Release

Buyers may authorize early payment release after receiving and inspecting the item. This allows Sellers to receive payment immediately after the 3-day inspection period, regardless of their verification tier. Early release is voluntary and recommended for transactions where the item is exactly as described and the Buyer is fully satisfied.

11B.5 Verification Requirements

To advance through verification tiers, Sellers must complete the following:

11B.6 Verification Data Privacy

All verification data is encrypted, stored securely, and used solely for identity verification and fraud prevention. Netgats uses industry-standard third-party verification services (such as Plaid for bank verification and ID.me for identity verification). We do not sell or share your verification data except as required by law or to prevent fraud. See our Privacy Policy for complete details.

11C. State Law Compliance Responsibilities

11C.1 User Responsibility for State Laws

11C.2 State-Specific Restrictions Platform Features

Netgats provides automated tools to help users comply with state laws, but these tools are informational only and may not be complete or current:

• State Law Database: Our platform includes a searchable database of state firearm laws (available at /state-laws)
• Shipping Restrictions: Certain items may be blocked from shipping to specific states based on known restrictions
• Warning Notices: Users may see warnings when viewing or purchasing items that face restrictions in their state
• Compliance Checklists: State-specific checklists help users understand requirements for local transfers

IMPORTANT: These tools are provided as a convenience and courtesy. Netgats makes NO GUARANTEE that the information is accurate, complete, or current. Laws change frequently. You must independently verify all legal requirements.

11C.3 Examples of State-Specific Requirements

The following are examples of state-specific laws that may apply to Platform users. This is NOT a comprehensive list and laws change:

This list is illustrative only. Many other states have significant restrictions including: Connecticut, Hawaii, Maryland, Oregon, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia. Additionally, hundreds of counties and municipalities impose local regulations. You must research laws in your specific jurisdiction.

11C.4 Prohibited Transfers to Certain States

Certain items may not be shipped to or transferred in specific states due to state bans:

• Assault Weapons: Banned or restricted in CA, CT, DC, HI, MA, MD, NJ, NY (and specific localities)
• High-Capacity Magazines: Restricted in CA, CO, CT, DC, HI, MA, MD, NJ, NY, VT (10-15 round limits vary)
• Suppressors/Silencers: Prohibited in CA, DC, HI, IL, MA, NJ, NY, RI despite federal NFA registration
• Short-Barreled Rifles/Shotguns: Additional state restrictions beyond federal NFA in several states

11C.5 Enforcement and Violations

Violations of state or local firearms laws are serious criminal offenses that may result in:

• Felony charges and imprisonment
• Forfeiture of firearms and loss of gun ownership rights
• Civil liability for damages or injuries
• Professional license revocation (for FFLs or other licensed professionals)

Netgats will cooperate fully with law enforcement investigations and will provide user information, transaction records, and communications as required by law or court order. Violations of state or local laws discovered by Netgats may result in immediate account termination, forfeiture of funds, and referral to state or local law enforcement authorities.

12. Intellectual Property Rights

12.1 Netgats Intellectual Property

The Platform, including all content, features, functionality, software, designs, text, graphics, logos, button icons, images, audio clips, data compilations, and trade dress, is owned by Netgats and protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Users may not reproduce, distribute, modify, create derivative works, publicly display, republish, download, store, or transmit any material from the Platform except as necessary for personal, non-commercial use.

12.2 User Content License

By posting content on the Platform (listings, photos, reviews, forum posts, etc.), you grant Netgats a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Platform and Netgats' business operations.

You represent and warrant that you own or control all rights to content you post and that such content does not violate third-party rights or applicable laws.

12.3 DMCA and Copyright Infringement

Netgats respects intellectual property rights and responds to notices of alleged copyright infringement per the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

To report copyright infringement, contact our DMCA agent at legal@netgats.com with detailed information including identification of copyrighted work, location of infringing material, contact information, and a good faith statement.

13. Disclaimers and Limitations of Liability

13.5 Maximum Liability Cap

To the maximum extent permitted by law, Netgats' total aggregate liability to you for all claims arising out of or relating to these Terms or use of the Platform shall not exceed the greater of: (a) $100, or (b) the total fees paid by you to Netgats in the 12 months preceding the claim.

13.6 State Law Variations

Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, the above limitations may not apply to you, and Netgats' liability shall be limited to the greatest extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless Netgats, its parent, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively, the "Netgats Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorneys' fees) arising from:

• Your use of and access to the Platform
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Your violation of any federal, state, or local law, regulation, or ordinance
• Any claim that your content caused damage to a third party
• Your listings, sales, purchases, or transactions on the Platform
• Your interactions with other Users
• Any negligent or willful misconduct

This indemnification obligation will survive termination of these Terms and your use of the Platform. Netgats reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense.

15. Term and Termination

15.1 Account Termination by User

You may terminate your account at any time by contacting customer support. Upon termination, you remain liable for all outstanding obligations, fees, and charges incurred before termination.

15.2 Account Termination by Netgats

Netgats reserves the right to suspend or terminate your account and refuse any and all current or future use of the Platform at any time, for any reason or no reason, with or without notice, including but not limited to:

• Violation of these Terms
• Suspected fraudulent, abusive, or illegal activity
• Extended inactivity
• Requests by law enforcement or government agencies
• Technical or security concerns
• Pattern of disputes, chargebacks, or refunds

15.3 Effect of Termination

Upon termination, your right to use the Platform immediately ceases. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Netgats is not liable to you or any third party for termination of access to the Platform.

16. Privacy and Data Protection

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection and use practices.

By using the Platform, you consent to the collection, use, and sharing of your information as described in the Privacy Policy. You acknowledge that firearm-related data may be subject to disclosure to law enforcement and government agencies as required by law.

17. Governing Law and Venue

These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of the United States and the State of Texas, without regard to conflict of law principles.

Subject to the arbitration provisions in Section 18, you agree that any legal action or proceeding arising out of or relating to these Terms or the Platform shall be brought exclusively in the federal or state courts located in Dallas County, Texas, and you irrevocably consent to personal jurisdiction and venue in such courts.

18. Mandatory Arbitration and Class Action Waiver

18.1 Agreement to Arbitrate

Except as otherwise provided herein, you and Netgats agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or use of the Platform (collectively, "Disputes") shall be resolved by binding individual arbitration rather than in court.

18.2 Arbitration Rules

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

18.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may:

• Bring an individual action in small claims court
• Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights
• File suit in court to address intellectual property infringement claims

18.4 CLASS ACTION WAIVER

18.5 Arbitration Procedure

The arbitration will be conducted in Dallas, Texas, unless otherwise agreed. For disputes involving less than $10,000, the arbitration will be conducted solely based on written submissions. For disputes involving $10,000 or more, either party may request a telephonic or in-person hearing.

18.6 Costs and Fees

Each party will be responsible for paying its own attorneys' fees and expenses. The party initiating arbitration must pay the arbitration filing fee. Netgats will pay all other AAA arbitration fees for disputes involving less than $75,000. For disputes involving $75,000 or more, the AAA rules will govern payment of filing fees and arbitration costs.

18.7 Opt-Out Right

You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to legal@netgats.com within 30 days of first accessing the Platform or agreeing to these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other parts of these Terms will continue to apply.

19. Miscellaneous Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies or guidelines posted on the Platform, constitute the entire agreement between you and Netgats regarding your use of the Platform and supersede all prior agreements and understandings.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

19.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Netgats' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without Netgats' prior written consent. Netgats may assign these Terms and its rights without restriction. Any attempted assignment in violation of this section shall be null and void.

19.5 Force Majeure

Netgats shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

19.6 Electronic Communications

By using the Platform, you consent to receiving electronic communications from Netgats. These communications may include notices about your account, transactions, and updates to these Terms or other policies. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

19.7 No Third-Party Beneficiaries

These Terms are for the benefit of, and may be enforced only by, you and Netgats. These Terms are not intended to confer any rights or remedies upon any person other than the parties to these Terms.

20. Contact Information

For questions, concerns, or notices regarding these Terms: