Terms of Service
Global Terms of Service These Terms of Service (“Terms”) constitute a legal contract binding on you that include the following: LIMITATIONS ON OUR LIABILITY YOUR AGREEMENT NOT TO PURSUE CLAIMS AGAINST US FOR DISPUTES YOU HAVE WITH THIRD PARTIES WITH WHOM YOU ENTER INTO DIRECT AGREEMENTS FROM USING THE SERVICES AN AGREEMENT BY YOU TO REIMBURSE US FOR DAMAGES THAT YOU CAUSE TO US AND OTHERS DUE TO YOUR VIOLATIONS OF THIS CONTRACT PLEASE READ THIS CONTRACT CAREFULLY AND DO NOT CHECK “I AGREE” UNLESS YOU AGREE TO ITS TERMS. IF YOU CHECK “I AGREE,” THIS CONTRACT BECOMES BINDING ON YOU WHETHER OR NOT YOU HAVE READ IT.
As used in the Terms, “we”, “us”, and “Company" means Devvly, LLC. “Ammunition” has the meaning given in the Gun Control Act of 1968, 18 U.S.C. §§ 101 et seq. “Applicable Law” means all laws, statutes, regulations or requirements of any country, state, locality, province, municipality or other government authority or regulatory agency applicable to us or you in your use of the Services, including without limitation those relating to: (i) the sale, transfer, shipment and/or transport of any item (including Firearms, Ammunition, black powder or any other item); (ii) export or import control (including US Sanctions Laws) regarding Items and payments by you; (iii) the collection, use or storage of personally identifiable information; (iv) consumer protection laws; (v) ownership of any item or Intellectual Property; (vi) taxation of any person or entity; and/or (vii) duties or tariffs, presence or licensing of brokers. “Firearm(s)” has the meanings given in the Gun Control Act of 1968, 18 U.S.C. §§ 101 et seq. “Intellectual Property” means any and all rights of a party in and to such party’s patents, copyrights, trademarks, trade secrets, trade dress, mask works, publicity rights and other such rights, existing, from time to time, in any applicable jurisdiction under patent law, copyright law, moral rights law, trade secret law, semiconductor chip protection law, trademark law, service mark law, unfair competition law, or other similar Applicable Law. “Services” refers to the website www.whalut.com as well as related services provided by us, including but not limited to payment processing, identity verification, domain name registration, marketing, hosting, point of sale software, and technical support.
Prices for any Services are subject to change upon 30 days’ notice from Company. Such notice may be provided at any time by posting the changes to the whalut.com website. Company reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice. Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
Restrictions on Use
In connection with using or accessing our Services you agree you will not: breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status; use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions; post false, inaccurate, misleading, deceptive, defamatory, or libelous content; transfer your account to another party without our consent; distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Company or the interests or property of users; use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Company; interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure; infringe any Company Intellectual Property Rights. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Company or someone else; infringe any Intellectual Property rights that belong to third parties affected by your use of our Services or post content that does not belong to you; commercialize any Company application or any information or software associated with such application, except with the prior express permission of Company; harvest or otherwise collect information about users without their consent; or circumvent any technical measures used to provide our Services. Offering to buy or sell items listed on whalut outside of whalut is not allowed. Buyers and sellers shall not share contact information, including email addresses and phone numbers, prior to completing a transaction on whalut. In addition, buyers and sellers shall not: Engage in any action with a user on the site designed to complete or facilitate a transaction outside of whalut Share or request direct contact information prior to completing a sale In any communications with another whalut member, refer to or promote external websites that facilitate sales outside of whalut Use contact information obtained through an whalut transaction to offer to buy or sell an item outside of whalut List an item and then mention or link to additional identical or related items for sale outside of whalut Offer catalogs or other items that are used to order items directly outside of whalut Host item descriptions or images outside of whalut
If the event of a dispute with another user, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Limitation of Liability
You expressly understand and agree that, Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Services. To the extent permitted by applicable laws, in no event shall Company be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms (however arising including negligence). Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. Company does not warrant that the Services will be uninterrupted, timely, secure, or error-free. Company does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected. Regardless of the previous paragraphs, if Company is found to be liable, in no event shall Company's liability exceed a sum equal to the fees paid by you to us even if advised of the possibility of such damages.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of the Terms, your improper use of the Services, or your breach of any law or the rights of a third party.
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
Company is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”). Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for these Services in the manner described below By Mail: Devvly, LLC 1201 N. Riverfront Blvd., Suite 150 Dallas, Texas 75207
Email: email@example.com For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement: A physical or electronic signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work claimed to have been infringed; Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Company to locate the material; Information reasonably sufficient to permit Company to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. For more details on the information required for valid notification, see 17 U.S.C. § 512(c)(3). You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, your access to the Services, with or without notice, for any of the following reasons (which are not intended to be exclusive): (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) technical or security issues or problems, and/or (e) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your Services.
You hereby grant to us the right and a worldwide, perpetual, non-exclusive, royalty-free license to, in furtherance of the Services, publish, display, distribute, reproduce, copy and make derivative works of any listings, posts, or content you submit or otherwise provide to us (“User Content”), in any and all media, including under all Intellectual Property rights to User Content.
No Third-Party Beneficiaries
Save for Company and its affiliates, users, or anyone accessing Company Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
Severability; Entire Agreement
If a court finds any provision of these Terms and Conditions to be unenforceable or invalid, that provision will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between Company and You and replaces any prior understandings or agreements, whether oral or written.
Jurisdiction and Governing law Governing Law.
The Terms are governed by the laws of the State of Tennessee, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
You and Company agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Company are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
Costs of Arbitration.
Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules
Any legal action or arbitration against related to our Services must be filed and take place in Maury County, Tennessee. For any actions not subject to arbitration, you and Company agree to submit to the personal jurisdiction of a state or federal court located in Maury County, Tennessee.
If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Tennessee.
Prohibition on Sales of Firearms and Ammunition
Without a valid FFL, You may only sell or transfer Firearms and Ammunition to an FFL holder unless (1) the buyer or recipient resides in the same state as You and (2) You have no reason to believe that the buyer or recipient is prohibited by law from possessing such Firearms and Ammunition. Otherwise, all transactions of Firearms and Ammunition must involve an FFL holder located in the state of the person receiving such Firearms and Ammunition.
Representations and Warranties
You represent and warrant to Company that: You will not use whalut.com for any illegal purpose You have the right under Applicable Law to sell any items you list free from any liens or encumbrances Any items you list for sale will not (1) be fraudulent or involve the sale of counterfeit or stolen items, or (2) infringe any third party’s Intellectual Property rights or rights of publicity or privacy; If you post listings for or sell Firearms or Ammunition via the Services, you agree to comply with all Applicable Law governing the specific requirements for sale, transfer and shipping of such items and you agree that items may not be sold or shipped contrary to state and local Applicable Law, which may vary considerably. For example, items such as Ammunition or knives may require government-issued proof of age before they can be shipped to certain states, and in some states, certain types of knives or Ammunition may not be sold or shipped at all If you or the applicable items are located within the U.S. or owned by persons located within the U.S., you additionally warrant that you are familiar with the U.S. statutes and regulations governing export controls, sanctions and embargoes, and you additionally agree that: (i) you are not a national of or located in any country embargoed by the United States, (ii) you are not violating U.S. export controls or selling any item subject to sanctions or embargo; and (iii) you are not on the Excluded Parties List System, the Specially Designated Nationals List, or the Denied Persons List, and You are not listed on any other lists maintained by the U.S. federal government which prohibits or restricts participating in commercial or other transactions, and you are not using or accessing the Services on behalf of a party who is on any such lists (collectively, “US Sanctions Laws”).
To the fullest extent permitted under Applicable Law, you agree that Company bears no responsibility for the reporting, payment, collection and remittance of any sales/use tax, VAT tax, transaction tax, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through the Services by any jurisdiction having taxing authority over the sale or transaction. Any information made available about sales tax applicability is provided on an “as is” basis, and we do not warrant its accuracy or completeness. You agree and acknowledge that in certain cases, use of the Services may subject you to sales tax reporting or remittance obligations in jurisdictions where your volume of transactions would otherwise subject you to such taxation. You and we agree to cooperate reasonably in any tax-related matters or inquiries by taxing authorities. You agree that you are responsible for, and will indemnify us against, any losses for any sales/use, VAT or similar transaction tax that is or may be assessed by any jurisdiction with respect to sales of items to buyers in the jurisdiction (other than taxes on our fees payable to such jurisdiction). You agree to defend, indemnify and hold us harmless from and against any and all losses that may result from inadequate reporting, payment, collection or remittance by you of any taxes relating to transactions conducted through the Services, except taxes imposed on our fees or income.
Merchant Payment Processing
Company does not provide payment processing for merchants. Company promotes the use of 2A Commerce, LLC (“2AC”) for payment processing and may, in its sole discretion, assist you in utilizing the Services in conjunction with 2AP’s payment processing services. In the event you have any dispute with 2AC or another payment processor, you agree that Company is not a party to any agreement you have with such payment processor and you hereby release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. Fees You agree to pay the fees applicable to your subscription to the Services, which comprises: For “Plus” sellers, a monthly subscription fee, as further set forth in the Pricing Detail (“Monthly Subscription Fee”) For all sellers, a percentage of each transaction for any whalut.com transaction, with such percentage further set forth in the Pricing Detail (“Commission Fee”) Together, the Monthly Subscription Fees and the Commission Fees are referred to as the “Fees”. You agree to keep a valid payment method on file with us to pay for all incurred and recurring Fees. Company will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Company will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Company’s products and services. To the extent that Company charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are not charged Taxes by Company, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction. For the avoidance of doubt, all sums payable by you to Company under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Company to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Company shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required. Company does not provide refunds.
FFL Holder Network
By joining the whalut.com FFL Holder Network, you are indicating that you are willing to handle firearms transfers for legal buyers in your state. You must be a registered user to become an FFL on our site. Please note that an FFL License Number may only be registered with one user. When signing up you must enter your FFL License Number. We use this information to check against the BATF database to verify that you are a valid licensee for the protection of our customers. We do NOT display your license number to the general public. We will publish on our web site any information you provide on your registration, so leave fields blank if you do not want that information published. We organize all dealers by state and zip code. We use the zip code to allow our users to find the nearest dealer when they search.