Terms Of Service

PistolPay User Agreement and Terms of Service
  1. As a condition of using PistolPays service as described herein. you must agree to be bound by this User Agreement (hereinafter referred to herein as the
    “Agreement"). to the terms and conditions contained herein. and to any future Amendments to this Agreement as set forth below. The terms and conditions of this
    Agreement are a legal contract between you and Pistol Pay. LLC. a Delaware Limited Liability Company (herein referred to as "PistoIPay"). and apply to your access and
    use of PistolPays services. You must read. agree to, and accept all applicable terms set forth in this agreement in order to be able to use PistolPays services. You
    should also read and consider PistolPays Privacy Policy and any other documents referenced in this Agreement. which are incorporated into this Agreement by
    reference. Please review all of the terms and conditions set forth in this Agreement before deciding whether to accept them and be bound by them.
  2. This Agreement may be amended. modified. or otherwise changed (collectively such changes to the Agreement may be referred to hereinafter as “Amendments") at
    the discretion of PistolPay at any time. Such Amendments will be effective and binding upon posting to this website. If there are any Amendments that we determine
    to be substantial in nature, we will provide you with 30 days notice of such substantial changes by posting a notice to this website or by sending you an email to the
    email address associated with your account. Upon the conclusion of such 30 days notice of changes. the new PistolPay User Agreement and Terms of Service, as
    amended, will be posted on this page and will be binding on both you and PistolPay immediately upon posting.
  3. In order to use PistolPay‘s services. you must meet. and do hereby certify by your acceptance of this Agreement and use of PistolPays services, all of the following
    conditions:
    • That you are at least 21 years of age:
    • That you are legally capable of entering into a binding legal agreement;
    • That you are a legal resident of the United States of America.
  4. In order to use PistolPay‘s services. you must submit all required information on the New User Registration Page. You must also adequately answer the questions
    posed to you by our identity verification system so that we can verify your identity. You must provide current. accurate. and complete information to PistoIPay. It is
    your duty to maintain the accuracy of such information if there is a change in your information. and you must update your User Profile (via the settings tab in the
    secure portion of our site) with such information. we may require that you submit additional information to us at any time, as we deem to be necessary in our sole
    discretion. in order for you to obtain. or continue. the use of PistoIPays services. Any material inaccuracy in the information that you provide. whether provided to us
    intentionally or unintentionally. shall give PistolPay the right to cancel this contract for cause and limit our liability to you. It may also give us legal recourse against you
    for our losses or damages.
  5. Definitions. For purposes of this Agreement. the following definitions shall apply:
    ‘‘completion of a Sales Transaction":
    The happening of any one of the events listed in paragraph 8 below. which shall trigger the release of a buyer's funds to the Seller from PistolPays escrow account.
    “Dealer”:
    A federal firearms license holder that participates in the transfer of an item from the seller to the buyer.
    “Money”:
    Legal Currency of the United States of America denominated is US Dollars.
    “Party” or “Parties”:
    The buyer and/or seller in a transaction.
    “Payment Principal Amount’:
    The amount of money agreed to be paid by a buyer to a seller.
    “Pistol Pay‘:
    Pistol Pay, LLC. a Delaware Limited Liability Company.
    “Possession":
    The earlier of i) the Dealer legally transferring ownership of an item to the buyer. or ii) the buyer leaving the Dealers place of business with the item.
    “User”:
    Any person or entity that uses PistoIPay‘s services. and may refer to either the buyer or seller in a transaction.
    "we". "Our" and “Us":
    Pistol Pay, LLC. a Delaware Limited Liability Company.
  6. our Services. Pistol Pay provides a payment gateway and financial intermediary service which will allow Users to transfer money from a purchaser of an item to the
    seller of the item. Pistol Pay provides an internet based portal which currently accepts credit card based payments from a Users MasterCard. Visa, Discover or
    American Express branded credit and debit cards, and which will soon add the ability to accept ACH transfers from a Users checking or savings accounts. PistolPay will
    i) submit the Users credit or debit card information for processing. and will receive payment from the institution issuing User's credit or debit card. or ii) when such
    functionality becomes available, make an ACH transfer request to the User's selected checking or savings account. and will receive payment from the Users financial
    or banking institution. PistoIPay will hold such funds in a segregated holding account with one of our banking institutions. pending completion of the sale transaction.
    Upon completion of the sale transaction, as set forth below, the buyer's funds will be released from the segregated holding account to the seller. less our fees as set
    forth below. PistolPay does not have control of. accept any liability for. or in any way make any representation about. the goods purchased using pistolPays services.
    We do not guarantee the identities of any Users or Dealers, nor do we make any representations about whether you may legally purchase any item for which we
    provide payment services. It is your responsibility to verify and follow any local, state, or federal laws. guidelines. restrictions. or other regulations relating to the items
    that you purchase. pistolPay is not a banking institution or a chartered depository institution. PistolPay will take every effort to protect any funds held in its holding
    accounts. however, such funds may not always be insured by the Federal Deposit Insurance Corporation (FDIC).
  7. Permissible Transactions. You may only use PistolPay‘s services to transfer money for purchases between a willing buyer and a willing seller through the legitimate,
    legal. and bona fide sale of an item. our services may not be used to transfer money that is unrelated to the purchase of (and payment for) an item. Excluded
    [non-permissible) transactions for which payment cannot be made through PistolPay’s services shall include, but not be limited to. money transfers. gifts. the purchase
    of cash equivalents, or in conjunction with any purchase ofany illegal goods or services.
  8. Completion of a Sales Transaction. Upon PistolPay receiving notice of the Completion of a Sales Transaction as defined herein, pistolPay will, within 24 hours, release
    from our holding account a buyers funds to the seller. less any fees or costs as set forth in this Agreement. The Completion of a Sales Transaction shall be conclusively
    deemed to have occurred upon the earliest happening of any of the following events:
    • The Dealer, to which the purchased item was delivered. marking the transaction as completed through the Dealers PistolPay account.
    • The buyer taking possession ofa purchased item from the Dealer.
    • The buyer marking the transaction as completed through the buyers PistolPay account.
    • 48 hours pass after delivery of the item to the Dealer.
    • Once a sales transaction has been completed. and PistoIPay has received notice of the occurrence of one of the events set forth above, PistoIPay will release the
      buyers funds. By execution of this Agreement and your use of pistolPay‘s services. you agree that upon release of the funds to the seller. less pistolPays fees. that
      PistolPay will have no further liability or obligation to the Parties to the transaction. Any subsequent disagreements between the buyer and seller must be handled
      outside of PistoIPay. and will not effect PistolPays obligation to complete a transaction or release the buyers held funds.

  9. Termination of a Transaction. Once PistolPay receives payment from the buyer for a specific transaction, the transaction may be terminated only upon the happening
    of one of the following events:
    • Upon delivery of an item to a Dealer, the buyer shall have 48 hours to arrange for delivery of the item from the Dealer to the buyer. If the buyer has not taken
      possession of an item within the 48 hour period after Dealer received the item. the seller may unilaterally choose to terminate the transaction. The seller shall
      terminate the transaction by marking the transaction as terminated through the sellers PistolPay account. Upon doing so. PistoIPay will notify the Dealer to arrange
      for return of the item to seller at buyers expense. The cost to the buyer of returning the item to the seller shall be limited to the actual cost of shipping the item. plus
      a 15% packaging and handling fee that may be charged by the Dealer for its return shipping services. Upon notice to PistoIPay by the Dealer that the item has been
      shipped to the Seller. and entry of the shipping and handling costs into the Dealers pistolPay account. PistolPay will release the buyers funds from the escrow
      account to the buyer. less I) the buyers portion of PistolPay’s fees as noted below. and ii) the costs of the return shipping and handling to the seller.
    • Upon mutual agreement by the Parties to a transaction. Upon PistolPay receiving notice by both parties to a transaction that the transaction has been terminated, PistolPay will release the buyers funds from the escrow account to the buyer. less the buyers portion of PistolPays fees as noted below.
    • Upon delivery of an item to a Dealer, the buyer shall have 48 hours to inspect the item in the presence of the Dealer. At the point of delivery. the buyer shall have the
      right to inspect the item purchased. If the buyer. for any reason. chooses to not accept delivery of the item. the Dealer shall retain possession of the item. The buyer
      may then terminate the transaction by marking the transaction as rejected by the buyer in the buyers PistolPay account. Upon doing so, PistoIPay will notify the
      Dealer to arrange for return of the item to seller at buyer's expense. The cost to the buyer of returning the item to the seller shall be limited to the actual cost of
      shipping the item, plus a 15% packaging and handling fee (of the shipping costs. not the payment principal amount) that may be charged by the Dealer for its return
      shipping services. Upon notice to PistoIPay by the Dealer that the item has been shipped to the Seller. and entry of the shipping and handling costs into the Dealer's
      PistolPay account. PistolPay will release the buyer's funds from the holding account to the buyer. less i) the buyers portion of PistolPays fees as noted below. and ii)
      the costs of the return shipping and handling to the seller.
    • If a transaction is terminated and an item is returned to the seller pursuant to this paragraph, the buyer shall have no more than 10 days from the date the Dealer
      enters the shipping and handling charges into the pistolPay system to i) seek information regarding the validity of the shipping and handling charges, and ii) file a
      complaint with PistolPay to contest some or all of the shipping charges. Failure to request information or to file a complaint with PistolPay within this time period
      shall be deemed an acceptance of the shipping and handling charges by buyer and shall release PistoIPay from any liability in regards to the accuracy of such
      charges. You may file a complaint with PistoIPay to contest the shipping and handling charges by contacting our customer service department at
      customerservice@pistolpay.com.

  10. Fees. You agree to pay PistoIPay a fee for providing the financial intermediary services set forth in this Agreement. Upon completion of the sale transaction as set
    forth above. you willingly and irrevocably agree to payment of the fees set forth in this paragraph. The fees charged by Pistol Pay will be split equally between the
    buyer and seller in a any transaction. As such. a buyer will have their credit card or bank account charged with the Payment Principal Amount. plus the buyer's share
    of our fee. Likewise. the seller in any transaction will receive the Payment Principal Amount. less the sellers share of our fees. All fees are non-refundable and will be
    considered earned by PistoIPay in all respects. and all contingencies will be treated as having been satisfied, upon Completion of the Sale Transaction as defined
    above. Any requirement. by a buyer or seller. that the other party be responsible for a specific portion or all of our fees shall not be binding on us. Such must be
    agreed upon and incorporated into the buyer and sellers terms of the sale of the item, and the Payment Principal Amount should be adjusted to refiect such
    agreement of the parties. Pistol pay will charge each party to a transaction. namely the buyer and seller. a percentage of the Payment Principal Amount in accordance
    with the fee schedule in effect at the time of the transaction.
  11. Since PistolPays transaction costs vary depending on the type of payment made by the buyer in a transaction, and because Pistolpay is committed to provide its
    users with the best lowest transaction costs possible. the fees charged to the buyer and seller by PistolPay in a specific transaction will fall into one of the following
    two categories:
    *Credit and Debit Card Transactions:*
    For transactions involving payments made using s buyer's Credit Card or Debit Card (Mastercard. Visa, Discover and American Express based payments). Pistol Pay will
    charge the buyer 2.7% of the transaction value. and will charge the seller 2.7% of the transaction value. for a total transaction fee of 5.4%.
    *ACH Transactions:*
    For transactions involving payments made using an Automated Clearing House (ACH) direct debit transfer from the buyer's checking or savings accounts. PistolPay will
    charge the buyer 1 .6% of the transaction value. and will charge the seller 1.6% of the transaction value. for a total transaction fee of 3.2%.
  12. Payments Using a Credit of Debit Card. By submitting a payment authorization using PistolPays services. you authorize PistolPay, through Merchant Services. Ltd. or
    another processing provider of our choosing). to process a charge or debit to your selected credit or debit card. The charged or debited amount will include both the
    Principal Payment Amount and the buyer's portion of our fees as noted above. The description on your credit or debit card statement will read “PistolPay". Once
    authorized, you may not cancel a payment. However. as the funds will be held in our holding account pending the Completion of the Sale Transaction. the buyer and
    seller in a transaction may agree to terminate the transaction and Pistol Pay will then refund the Principal Payment Amount back to the buyers credit or debit card that
    the charge or debit was originally authorized to be drawn against. Such refund will be less the buyers portion of PistolPays fees that were charged as part of the
    credit or debit transaction. as noted above.
  13. Disclaimer of warranties. PistolPay does not make any representation about. endorse. or in any way make any warranty about:
    • The reliability, identity or performance (past or future) of any seller or buyer. The ranking. feedback. or any other information gathered, displayed. or listed about a
      PistolPay user is the sole opinion of other users. and is not the opinion of PistolPay. Such ranking. feedback or other information is only provided to allow users to
      evaluate other users. based on the opinions provided by other users. PistolPay takes no responsibility for any ranking. feedback or other information. and you agree
      to hold PistolPay harmless, for any such information displayed about you or any other user in such a manner.
    • The quality. authenticity. safety. accuracy. reliability. integrity, legality or condition of any item purchased using PistolPay/s services. Any dispute about an aspect of
      any item purchased shall be the sole responsibility of the buyer and seller in a transaction. Do to the dangers that are inherent with the ownership. possession,
      storage. transportation and use of a firearm, PistolPay highly suggests that any firearms or other dangerous items that are purchased through our services be
      inspected for safety by a professional prior to their use by the buyer. and you agree by execution of this Agreement. and by using PistolPays services. that you will
      not hold PistolPay liable for any damages caused by. or incurred do to. the condition of an item purchased using PistolPay‘s services;
    • The time period for shipping or receiving an item. To the extent allowable under state and federal law. PistolPay does hereby disclaim any liability, warranty [express
      or implied. and specifically including any implied warranty of merchantability and fitness for a particular purpose) or responsibility for any goods purchased using its
      services, and you expressly agree that your use of PistolPay/s services is at your sole risk and that you are solely responsible for any damages that arise from an item
      that is purchased through PistolPays services. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If
      these laws apply to you. some or all of the above disclaimers. exclusions, or limitations under this Agreement may not apply to you. and you may have additional
      rights.

  14. Limitations on our Liability. To the extent allowed under local. state, and federal law. by execution of this Agreement and your use of our services. you agree that our
    liability to you for any breach of this Agreement by us. or for any damages. losses. or any other claims arising from our actions. inactions or policies. shall be limited in
    scope and amount to the dollar amount of the specific transaction which gave rise to such damages or losses.
  15. Limitations on Use. PistolPay may. from time to time, establish practices and limitations regarding the use of its services. We may. at our sole discretion. limit,
    suspend. discontinue or terminate your use of our services for any reason. without notice to you and without liability to you. If we take action to limit. suspend.
    discontinue or terminate your use of our services. we will make all reasonable efforts to notify you of such actions.
  16. Disputes Between Users. PistoIPay takes no responsibility of the agreements. communications. warranties. or other details between a buyer and seller in a
    transaction. Therefore. you agree to not involve pistolPay in any litigation or other cause of action between you and another PistolPay user arising out of any
    transaction that involved the services of PistolPay. If for any reason you do involve PistolPay in any such litigation or cause of action, by executing this Agreement and
    through your use of our services, you hereby agree to pay any and all costs and professional fees (including attorneys fees) incurred by your actions. and you further
    agree to provide us with indemnification as set forth below. However. nothing in this Agreement shall be construed to limit any of your rights. claims or defenses with
    respect to a credit or debit card issuers agreements and conditions. the card association rules. any applicable state or federal laws including the federal Truth in
    Lending Act or the Electronic Fund Transfer Act.
  17. Binding Arbitration. In the event of any dispute, claim, suit or any other form of controversy regarding the terms of this Agreement, or the services provided by
    PistolPay, that totals less than $10,000, exclusive of interest. costs and arbitration fees. then you agree that such shall be resolved by and through binding arbitration
    that is administered through the American Arbitration Association under its Arbitration Rules for the Resolution of Consumer Related Disputes. In the event of any
    dispute. claim, suit or any other form of controversy regarding the terms of this Agreement. or the services provided by PistolPay, which is not covered by the
    arbitration process noted above. then such shall be resolved by and through binding arbitration that is administered through the American Arbitration Association
    under its Commercial Arbitration Rules. By agreeing to the binding arbitration noted herein, you explicitly waive the right to bring such action in a court of competent
    jurisdiction. including the right to contest the validity of this arbitration clause. By execution of this Agreement. you agree to be bound by the findings, decisions,
    determinations.judgments or other awards resulting from such arbitration. and you further agree that a court of competentjurisdiction may specifically enforce any
    such finding. decision. determination,judgment or other award. You further agree that any arbitration proceeding brought under this Agreement shall take place in
    Miami-Dade County. Florida, and that any costs or fees of the arbitration proceeding. and any subsequent costs (including reasonable court costs and legal fees) of
    enforcing the arbitration findings. decisions. determinations. judgments or awards shall be paid by the unsuccessful party to the arbitration proceeding, unless
    otherwise ordered by the arbitrator. You further agree and ratify that you have read and understand the Limitations of Our Liability section of this agreement and
    understand that such shall be binding on any arbitration if allowed under applicable law.
  18. Responsibility for Taxes. PistolPay is under no obligation or duty to report any or all state, local. sales and income taxes due for transactions that use our services.
    You hereby agree that it is your responsibility to calculate. collect, report and pay any and all taxes that are due in respect to sale transactions that use our services.
  19. Governing Law. This Agreement shall be governed by the laws of the State of Florida. and any other applicable federal laws of the United States of America. In the
    event that any dispute. claim, suit or any other form of controversy regarding the terms of this Agreement. or the services provided by PistolPay, must be brought in
    any court. you agree to submit to the personal and exclusivejurisdiction of the courts located in Miami-Dade County. Florida and that such legal proceeding, whether
    instituted by you or us. must be filed in a court of competentjurisdiction located in Miami-Dade County. Florida.
  20. Indemnification. By executing this Agreement and by using our services. you agree. to the fullest extent allowable and permitted under local. state and federal law.
    to indemnify. defend, and hold harmless PistoIPay. its subsidiaries and other affiliates, its directors, officers. owners. agents. partners, members, managers.
    employees. information providers, consultants and any other applicable third party service providers from and against all claims. demands, causes of action. debts or
    liability, including reasonable attorneys fees. to the extent that PistolPay becomes liable under this Agreement. or by law. arising out of, or in any way connected with:
    • Your use of PistolPays services:
    • Your breach or non-compliance with any term or condition provided for under this Agreement:
    • Your actions or omissions in providing us with accurate infonnation: and
    • Your negligence or willful violation (including alleged violations) of any law or rights of a third party.

  21. Privacy Policy. Your privacy is important to PistoIPay. Therefore we have developed a Privacy Policy. which can be found by following the link located at the bottom of
    our home page and many of the other pages of our website. The Privacy Policy sets forth how we collect, use. disclose. transfer and store your personal information.
    Similar in fashion to changes to this Agreement. we may modify or amend our Privacy Policy from time to time. Such changes or amendments will be made available
    to you for review by posting on this website a minimum of 30 days prior to their implementation. Despite our desire to maintain your privacy, there may times that
    either PistolPay or a Dealer may be called upon to disclose information (written or otherwise) regarding a specific transaction to which you are a Party. such as in
    regards to a dispute between a buyer and a seller. You hereby authorize PistolPay and/or the Dealer to release such information if we determine it to be in the best
    interest of one or both of the Parties to the transaction to assist with the resolution of the issue.
  22. Miscellaneous. This Agreement contains the full and complete agreement between you and PistolPay. If any part of this Agreement is held to be invalid or
    unenforceable. that portion shall be construed under local law in a manner that is as close to the intent of this agreement, as is legally possible. Any and all remaining
    provisions of this Agreement shall remain in full force and effect. and the invalidity of any provision of this Agreement shall in no way invalidate any other portion of
    this Agreement. Any failure on PistolPays part to enforce a right or provision set forth in this Agreement shall not constitute a waiver of such right or provision, or any
    other right or provision contained in this Agreement.
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