Terms & Conditions

Gun Buyback Program - Terms and Conditions

These terms of use (the “Terms”) govern your (i) use of all websites, mobile websites, video services, applications (e.g., iPhone applications, iPad applications, Android applications, etc.) or other online services owned or operated by MCM Retail Group Inc. (doing business as GunBuyback.org) (the “Company,” “we” or “us”), including, without limitation, the websites currently located at GunBuyback.org, and any mobile version of each website (each a “Site”, and collectively, the “Sites”), (ii) use of any other interactive features, widgets, products and resources offered by the Company and/or its affiliates, distributors or licensees through traditional Internet websites, mobile devices or other platforms, and (iii) use of all other content included within the Sites and accessible via any applications (all of which are collectively referred to as the “Services”). By using the Sites or Services, you agree to these Terms.

1. ELIGIBILITY

You must be at least 18 years old to use the Sites or the Services.

2. ADDITIONAL TERMS

Your use of certain Services may be subject to additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using such Services, you agree to the Additional Terms.

3. TRANSFER OF OWNERSHIP AND OFFER TO PURCHASE

We determine the value of your firearm (means any firearm) based on our systematic analysis of the firearm and current marketplace values. Many factors are taken into consideration, such as the age of the firearm, the manufacturer and model of the firearm, the wear and tear apparent on the firearm, whether the firearm is usable and or intact in nature and other elements that would affect its resale value or costs of repair to the firearm. If we decide not to purchase the firearm, you will be given the option of allowing us to recycle the firearm or ship it back to you, but you will not receive any payment for the firearm.
All such offer prices are pending our evaluation of your firearm(s) and no binding price offer is made until we have had a chance to inspect the firearms(s) that you send to us. We reserve the right to refuse to offer to purchase any item that you send us for any reason we deem, in our sole discretion, to be sensible. You must send us your firearm(s), within the time period stated herein.
You are solely responsible for the risk of loss or damage of/to your property while it is being shipped to us and while it is shipped from us to you, should we return the item to you. You must appropriately package the firearm you send us to protect it from harm during the shipping process. You are solely responsible for any harm that comes to the firearm you send us if you fail to appropriately package the firearm prior to sending it.
Should you be given a price via our website and we, upon inspection of your firearm, agree to pay you that quoted amount, you are contractually bound to sell us the firearm for the price quoted once you have shipped the firearm to us.
You agree to ship your firearms within 7 days of receiving your prepaid shipping label and/or shipping kit. If shipping is delayed past 7 days, your offer may be subject to adjustment/change.
Should we, upon inspection of your firearm, decide to offer you a different price than originally quoted, you will have 7 days to either accept or reject that new price quote. During the 7 days we will attempt to contact you via phone and/or email. If no contact is made after 7 days we will issue payment for amount indicated in the email and will mail it to your indicated address. Once payment has been issued no revisions or exceptions will be made.
Lawful Sales Only. You must own the right, title and all legal interest in the firearm(s) you send us. Your sale and or shipment of any such item must not violate any law, regulation or statute of any jurisdiction. You may not unlawfully transfer or encumber any intellectual property, trademark, copyright, patent, software, license or other legal right or restriction via your shipping or selling of the shipped item. The item you ship must be free of all legal restrictions that would affect the value of the item, restrict your legal right to transfer ownership of the item (including the item itself and/or any accessory or hardware on or inside the item). You must refrain from violating any export laws or restrictions. The item you send (including all related materials) may not be counterfeited, stolen, or contain harmful or offensive content of any nature. You agree to hold us harmless and indemnify us from any and all loss of any nature, including fees, costs, judgments, liens and reasonable attorney's fees, arising from any threatened or actual legal action should you violate this term and condition of this Agreement.
Failure to Return Product or Contents Thereto. Under certain limited circumstances, at no fault of ours, we may not be able to return your item and you agree to hold us harmless from any loss regarding our failure, when outside of our control, to return your firearm or other item to you.
Legal title and transfer of your firearm passes to us when we agree to pay you the quoted amount or you agree to accept a different offer that we make to you. All payments are sent as established by our normal course of business. If we do not agree to accept your product by way of purchase or as a firearm to be recycled, then title does not pass to us. Title for all firearms accepted for recycling passes to us when you agree to allow the firearm to be recycled. All decisions about whether or not we purchase your firearm and for what dollar amount are final. Any offer to purchase your firearm that we make is a non-transferable offer and also expires if not accepted by you in a timely manner, as described herein. At any time we may decide, without prior notice, to discontinue purchasing any particular or all items.
Should we make a material error in any representation of facts, information or offers to you, your sole recourse is to request the return of the item that you have sent to us. Your ability to request the return of the item lapses upon your receipt of the payment we issue for your item. In the event that you elect to cancel the transaction prior to us sending your payment, we will return the item to you upon your request. Federal Law prohibits the mailing of firearms to non-licensees; any returned firearms must be sent to an FFL dealer in the sender's State of residence. Any costs associated with the FFL dealer's transfer of the firearm will be at the customer's expense.
All amounts are paid by company check or electronic transfer by MCM Retail Group Inc. (doing business as GunBuyback.org) and mailed to the address you provide to us during the quote process. This usually takes one business day from the date on which your firearms arrive and are inspected at our facility unless we need to speak to you directly about your offer. No offer we make is binding until we receive your firearms and examine them.
By agreeing to these terms and conditions and by shipping your firearm(s) to us, you certify that you are at least 18 years of age and the legal owner of the firearm(s) that you send.

4. PAYMENT PROCESSOR

We have partnered with a third-party payment processor to securely handle transactions on our website. Payments are processed using industry-standard security protocols, including TLS encryption, tokenization, and PCI DSS-compliant data storage. Transactions are protected through secure server architecture, fraud detection mechanisms, and access control policies. For more details on security measures, please refer to the payment processor's privacy policy here.

5. USE OF THE SITES AND SERVICES

You are responsible for your use of the Sites and Services. Our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to the Company. When you use the Sites or Services, you may not:

use the Sites or the Services other than for personal, non-commercial purposes;
copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, broadcast, perform, display, sell, transmit or retransmit any Content you access on the Sites or the Services, other than as expressly permitted;
use the Sites or the Services or any content therein for the purpose of training machine-learning models or artificial intelligence systems, or otherwise to develop, contribute to, or facilitate any research or commercial offering, product, service, or program;
violate any law or regulation;
violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
transmit any malicious or unsolicited software;
stalk, harass, or harm another individual;
impersonate or misrepresent your affiliation with someone else;
use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Sites (although the Company may allow operators of public search engines to use spiders to index materials from the Sites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and the Company reserves the right to revoke these exceptions either generally or in specific cases);
use automated methods to use the Sites or Services in a manner that sends more requests to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
modify, make derivative works of, disassemble, reverse engineer or reverse compile any part of the Sites;
access or view the Sites in order to build a similar or competitive website, product or service to the Sites or the Services; or
interfere with or disrupt the Sites or Services.

Any use of GunBuyback.org to knowingly submit false information, to test the system without genuine intent to sell a firearm, or to otherwise misuse or disrupt our services is prohibited. Users found to be abusing the platform in this manner may be subject to actions deemed appropriate by MCM Retail Group Inc., including but not limited to being banned from using our services, legal action, or other remedies as necessary. Additionally, in the event of a breach of this provision, the user agrees to pay liquidated damages in the amount of $2,500 per occurrence, not as a penalty, but as a reasonable estimation of our damages resulting from such misuse.

Any competitor, or representative of a competitor, is strictly prohibited from using GunBuyback.org to submit false information, test the platform, gain competitive intelligence, or any other action that is not in good faith or that disrupts our services. Any competitor found to be abusing the platform or engaging in actions that are not genuine customer interactions will be subject to legal action and will be held responsible for any damages resulting from such misuse. This includes liquidated damages in the amount of $10,000 per occurrence, which represents a reasonable estimate of our damages. This clause is in addition to, and does not replace or supersede, any other terms or conditions related to misuse by users in general.

Your experience using the Sites and Services may be affected by many factors such as your device hardware, location, available bandwidth and/or speed of your internet connection. Please check with your Internet provider for information regarding your Internet connection.

6. ACCURACY OF DATA

We make no claims or promises about the quality, accuracy, or reliability of any Content available on or through the Sites or Services. The Company is not liable for any loss or damage that might arise from your reliance on any Content available on or through the Sites or Services.

7. OWNERSHIP

We own or license the content on the Sites and Services, including software, text, visual and audio content (“Content”), Company trademarks, trade names, logos, and brand elements (“Company Marks”) and the trademarks, trade names, logos and brand elements of third party goods and services that may be offered on the Sites or through the Services (“Third-Party Marks”). The Content, Company Marks and Third-Party Marks are protected under U.S. and international laws. Except pursuant to applicable law, you may not reproduce, publish, republish, display, copy, use, distribute, create derivative works from, or otherwise exploit any Company Marks, Third-Party Marks, articles or Content from the Sites, without obtaining our prior written consent.

Subject to these Terms, we hereby grant to you a personal, non-exclusive, non-transferable, royalty-free, non-sublicensable, revocable, limited license to access, view and use the Sites and Services solely for personal and non-commercial use. The Sites and Services are provided to you on a temporary basis and we reserve the right to withdraw or restrict access to all or any part of the Sites or Services at any time.

8. FEEDBACK

We always welcome and appreciate your feedback, ideas, and suggestions (“feedback”) about the Sites, Services, and the Company. You understand and agree that (i) your feedback is not confidential or proprietary, (ii) we may not respond to or implement feedback, (iii) we are not under any obligations to you because of your feedback, and (iv) we may use, disclose, copy, distribute, display, publish, perform, or create any derivative work from your feedback for any purpose, in any manner, and at any time without attribution or compensation to you.

9. DIGITAL MILLENNIUM COPYRIGHT ACT

We respect the intellectual property rights of others. Upon proper notice, we will remove applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, the Company has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send our copyright agent (listed below) a notification of claimed infringement with all of the following information:

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the claimed infringing material and information reasonably sufficient to permit the Company to locate the material on the applicable Site;
Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an email address;
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;
A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
Your physical or electronic signature.

Please send all of the above enumerated information via mail or email to the following our copyright agent:

Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.

10. PRIVACY

We respect your privacy. Our Privacy Policies for the Sites are located at Privacy Policy page and they explain how we collect, use, and disclose information about you in connection with each Site and the Services. By using each Site or the Services, you agree to the Privacy Policies for such Site.

11. LINKS

Our Sites and Services may contain links to other websites. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

12. CHANGES AND CORRECTIONS TO THE SITES OR SERVICES

We enhance and update the Sites and Services often. We may change or discontinue the Sites or any Services, with or without notice to you. The Company reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We do not guarantee the continued availability of any content or features of the Sites or Services.

13. TERMINATION

We reserve the right not to provide the Sites or Services to any user. We also reserve the right to terminate any user’s right to access the Sites or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Sites and Services automatically terminates.

14. DISCLAIMER AND LIMITATIONS ON OUR LIABILITY

YOU USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, DISTRIBUTORS AND LICENSEES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

IN PARTICULAR, THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, QUANTITY, ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITES OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY COMMENTS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITES OR SERVICES) OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITES OR SERVICES. THE COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITES OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITES OR SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITES OR SERVICES BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITES OR SERVICES.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR IN ANY APPLICABLE ADDITIONAL TERMS, THE COMPANY AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED FOR SALE ON OR THROUGH THE SITES OR SERVICES OR ANY LINKED WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITES OR SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Company liability will be the minimum permitted under such law.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including feedback or any other content) that you or anyone using your account submit, post, or transmit through the Sites or Services; (b) the use of the Sites or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with the Company in such defense.

16. OTHER PROVISIONS

Under no circumstances will the Company be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

These Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws rules or provisions.

Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Sites or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Florida, before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL AND ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

The failure of the Company to enforce any right or provision of these Terms will not prevent the Company from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.

17. CHANGES TO THESE TERMS

From time to time, we may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on the Sites. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use our Sites or Services, you agree to the revised Terms. If the change is a “material change” that requires us to notify you pursuant to applicable law, we will notify you by email to the email address we have on record at least thirty (30) days before the Revision Date. If you object to any such changes, your sole recourse shall be to cease using the Sites and/or Services.