TERMS AND CONDITIONS OF USE
YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APPLICATION (the “App”)
By using the TrustButVerify App (the “App”), you agree that you have read, understand, will follow and be bound by these terms and conditions (hereafter “Terms and Conditions”) and agree to comply with all applicable Federal, State and Local laws and regulations. At all times herein, the terms “you” and “your” refer to each client/user/customer/Site visitor/accessor; “we,” “us” and “our” refer to SGS Industries, L.L.C. d/b/a TrustButVerify and its principals, agents, employees, consultants and vendors, and “Services” refers to all services, data, access or forms provided by us.
YOU AGREE THAT BY USING THE APP AND THE SERVICES THEREON YOU ARE VERIFYING THAT YOU ARE AT LEAST 21 YEARS OF AGE, YOU ARE NOT A PROHIBITED POSSESSOR OF FIREARMS AND YOU ARE OF SOUND MIND AND LEGALLY ABLE TO ENTER INTO A CONTRACT.
1. NO LEGAL ADVICE. TrustButVerify is not a law firm and does not provide legal advice. Our App is to allow you, the user, to obtain a thorough, good faith private trust (sometimes referred to as a background) check available to civilians on potential firearms purchasers or sellers. While we have made every good faith effort to research, follow and convey applicable laws and regulations in establishing this App, you, by acknowledging below, understand that compliance with Federal, State and Local firearms laws and regulations is complex and nebulous and TrustButVerify makes absolutely no guarantees that use of our App will guarantee lawful compliance with each and every law and regulation in your locale.
Despite your purchase and use of this App, a consultation with an attorney local to you who is familiar and competent with regard to such laws and regulations is still recommended. You are encouraged to consult with an attorney in your state and local jurisdictions if you have any legal questions. Laws differ from jurisdiction to jurisdiction, from purchase to purchase, from transfer to transfer, and may even be subject to different interpretations by different courts. The information contained on the App is not legal advice and is not guaranteed to be correct, complete, or up to date. This App is not intended to create any attorney-client relationship, and your use of TrustButVerify does not and will not create an attorney-client relationship between you and us. If you desire an actual legal consultation with an attorney, you must contact him/her directly to arrange that.
2. OWNERSHIP. This App is owned and operated by SGS Industries, LLC. All right, title, and interest in and to the materials provided on this App, including but not limited to information, documents, logos, graphics, data, logs, sounds, and images (the “Materials”) are owned by SGS Industries, LLC. Any rights not expressly granted herein are reserved by SGS Industries, LLC.
3. USE OF TRUSTBUTVERIFY APP. You understand and acknowledge that the state in which you will utilize the TrustButVeify App ALLOWS THE PRIVATE SALE OF FIREARMS WITHOUT A LEGALLY MANDATED “NICS” (National Instant Criminal Background Check System, administered by the ATF) BACKGROUND CHECK. You understand that your purchase, download, and/or use of our App is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs or legal considerations. You understand and acknowledge that your use of TrustButVerify is NOT a complete replacement for a GOVERNMENT SPONSORED NICS BACKGROUND CHECK. Rather, it is the best civilian available substitute therefore:
TrustButVerify makes every possible attempt to screen inquires based upon the following disqualifying criteria:
1) Felony conviction/indictment;
2) Fugitive from justice;
3) Unlawful use of prohibited substances;
4) Adjudication of mental defect or commission to a mental institution;
5) Dishonorable discharge from the Armed Forces;
6) Currently under a domestic restraining order;
7) Conviction for domestic violence;
8) Renunciation of U.S. Citizenship;
9) Illegal/unlawful alien status, or:
10) An alien admitted to the U.S. on a non-immigrant visa who fails to meet an exception.
Despite SGS Industries’ best faith efforts and due diligence, you understand and acknowledge that TrustButVerify makes no guarantees as to the veracity/totality or accuracy of the results obtained though the App.
Your consummation of your private firearm sale ends the trace process offered by your use of the App for that use. You also understand that the TrustButVerify App can only go back seven (7) years in an individual’s criminal history. In light of the inaccessibility of all criminal history to non-governmental or law enforcement scrutiny, a “clear” background check yielded by your use of the App is absolutely no guarantee that the individual in question has no criminal history. For instance, recent criminal activity, or criminal activity from certain jurisdictions, may not yet be available to the search engines or sources that power TrustButVerify. You also understand that any background check obtained via the App is good for only five (5) days. ALWAYS USE AND TRUST YOUR COMMON SENSE, YOUR PRUDENT JUDGMENT AND INTELLECT PRIOR TO PRIVATELY TRANSFERRING A FIREARM. NO BACKGROUND CHECK IS 100% ACCURATE—IT IS ALWAYS BETTER NOT TO CONSUMATE A SALE THAN TO REGRET DOING SO LATER.
4. LICENSE TO USE. SGS Industries, LLC. grants YOU a limited, personal, non-exclusive, non-transferable, unilaterally cancellable license to use our App to allow you to do the most comprehensive private background check possible prior to sale/acquisition of (a) firearms(s). You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any part of the App in any manner, except for the information required by the App for normal implementation. You are also explicitly barred from removing any copyright notice from any portion of the App.
5. RESALE/REUSE OF App PROHIBITED. By ordering, purchasing, downloading or in any other way utilizing or accessing the App, you agree that it may only be used by you for your personal use and may not be sold or redistributed without the express written consent of SGS Industries, LLC.
6. REFUND/EXCHANGE/CANCELLATION POLICY. In addition to certain guarantees provided by law, SGS Industries, LLC. guarantees your satisfaction with our services and support. Because our company uses experienced attorneys, TrustButVerify strives to be the best private background check App available. SGS Industries, LLC. provides a 72-hour inspection and satisfaction policy. If you are not satisfied with our App’s assistance in conducting your private background check, please contact SGS Industries, LLC. within 72 hours after your purchase of the App, so we can correct the situation or provide a refund. If you have not contacted SGS Industries, LLC. within 72 hours after the App was purchased, all sales are final, and no refund will be provided.
7. NO WARRANTY. THE APP AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE APP ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SGS INDUSTRIES, LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
OBTAINING ANY MATERIALS/RESULT THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. SGS INDUSTRIES, LLC. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE, OR FOR ANY LEGAL CONSEQUENCES OF YOUR RELIANCE ON THE RESULTS OBTAINED.
YOU HEREBY ACKNOWLEDGE AND ACCEPT THAT YOU WILL HOLD SGS INDUSTRIES, LLC HARMLESS FOR ANY DAMAGES/INJURIES CAUSED/SUFFERED BY YOUR USE OF THIS APP. ANY/ALL LIABILITY FOR YOUR ACTIONS BASED UPON YOUR RELIANCE UPON THE VERACITY OF THE INFORMATION OBTAINED VIA THE TRUSTBUTVERIFY APP IS YOURS AND YOURS ALONE.
8. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD SGS INDUSTRIES, LLC. AND ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER THEY MAY HAVE ALLEGEDLY ARISEN (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, CRIMINAL PROSECUTION OR TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THIS AGREEMENT AND ANY ALLEGED VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF SGS INDUSTRIES, LLC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF SGS INDUSTRIES, LLC., IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. GOVERNING LAW AND VENUE. Any legal action or proceeding relating to your access to or use of the Site or Materials is governed by the laws of the State of Arizona. Venue of any action shall be in a federal or state court located in Maricopa County, Arizona.
10. ACKNOWLEDGMENT. BY USING SGS Industries, LLC. APP OR MATERIALS OR ACCESSING THE SGS INDUSTRIES, LLC. SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.