Terms & Conditions of Use Agreement
Thank you for visiting our website. In this Terms & Conditions of Use Agreement, “iGunner”, “we”, “our” or “us” refers to iGunner, LLC iGunner.com (the “website”), and its affiliates. iGunner, LLC and its affiliates provide services and use of the website iGunner.com to you subject to the following terms and conditions.
PLEASE READ THE ENTIRE TERMS & CONDITIONS OF USE CAREFULLY BEFORE YOU USE ANY PART OF THIS WEBSITE. IF YOU DO NOT AGREE TO ALL THE TERMS & CONDITIONS SET FORTH HEREIN YOU MAY NOT USE THIS WEBSITE OR ANY OF ITS FEATURES OR SERVICES. BY USING THIS WEBSITE OR ITS FEATURES OR SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS & CONDITIONS OF USE IN THEIR ENTIRETY.
• YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS WEBSITE OR ANY OF ITS FEATURES OR SERVICES.
• USER AGREES TO USE iGunner AND SCHEDULE LIVE FIREARM INSTRUCTION, TRAINING FACILITY USE AND TRAINING COURSES AT THEIR OWN PERIL AND RISK! See Section 14.0 below for more information.
• iGunner does not recommend or endorse any range, training provider, store, retail provider, product, specific instructor, training or course available.
Website Privacy/Security Policy
Online account information and certain other information about you are subject to our website Privacy Statement. For more information, please see our full Privacy Statement.
This Terms & Conditions of Use Agreement (“Agreement”) sets forth the website use guidelines and standards of use of iGunner. By using the iGunner website you (as a “User”) agree to these terms and conditions. A “User” is defined as any visitor to the website including both registered and unregistered visitors and registered instructors, training providers, ranges, stores, training facilities, retail businesses and students (all visitors have the ability to browse the iGunner website, including through a mobile device). Certain areas or features of this website may be restricted to Users who have obtained an ID and password by completing a registration process described. Users have the ability to register as a student, training provider, range, store, retail business or instructor for purposes of the website. Please be sure to protect and maintain the confidentiality of any information you may obtain in connection with your use of this website. You agree to notify iGunner immediately if you believe your ID, password or other identifying information has been lost, stolen or otherwise compromised. If you do not agree to the terms and conditions of this Agreement, you should immediately discontinue use or viewing of this website.
If you wish to make use of iGunner features or services, you agree to the terms in this Agreement and indicate your acceptance of the same by continued use of the website along with acceptance during the registration process. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our terms and to review our most current terms.
Modifications shall become effective immediately upon being posted at iGunner.com. Your continued use of the iGunner website after amendments are posted constitutes acknowledgement and acceptance of the terms. Except as provided in this paragraph, this Agreement may not be amended.
iGunner may refuse to offer or continue offering the website to any person for any reason or no reason and may change its eligibility criteria from time to time.
1.0 Description of Service – Limited Use License Agreement
iGunner operates the iGunner.com website, which is a website developed in an effort to provide students, ranges, training facilities, stores, retail businesses and instructors with a platform to make firearms instruction easy. iGunner.com provides the opportunity for Users to match their firearm skill levels with the right instructors, training and courses around the country. iGunner.com provides access to the most comprehensive training, license course and range rentals nationwide. In a matter of seconds users can compare prices, dates and details of thousands of services brought to you by ranges, training providers or stores throughout the entire United States.
By visiting this website you are licensed to use the Content only for the purpose of requesting services on this site. The downloading of the whole or significant portions of any content or database is strictly prohibited. Resale of any Content or database or portion thereof, is also prohibited. Violation of this License Agreement may result in legal action being taken against you.
2.0 Registration Process
To become a registered User, Training Provider, Store or Range the User of iGunner website must complete the registration process by providing iGunner (or its service providers) with current, complete and accurate information, as more specifically required by the registration procedures. By way of illustration and not limitation: to register, prospective User may be required to specify a username and password, and to provide their name, address, zip code, legitimate electronic mail address and certain additional information (for example, your preferred contact method, firearms training qualifications and goods and services that may be of interest); in order to obtain certain aspects of the Service, Users may also elect to provide access information related to his or her accounts at social networking websites (such as, Facebook, Twitter, Instagram, LinkedIn); and in order to register for classes Users will be required to provide information about your authorized payment method for billing purposes which is being handled by Stripe.com. In the future, iGunner may discontinue supporting any particular payment method or it may support additional payment methods (for example, Google Wallet, Amazon Payments, or Apple Pay).
Each User shall maintain and update their registration profile data, to ensure that it is always current, complete and accurate. At its sole discretion, iGunner may refuse to accept any User’s registration for any reason.
Upon acceptance, iGunner will provide access credentials to the registered User. Each User will be solely liable for any and all activities under User’s account. Multiple User accounts are prohibited. Any individual User may only register for and maintain one (1) account.
3.0 Proprietary Rights to Content
You acknowledge and agree that this website contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material (collectively referred to as “Content”) protected by copyrights, trademarks, patents, service marks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
By visiting this website you are licensed to use the Content only for the purpose of requesting services. The downloading of the whole or significant portions of any content or database is strictly prohibited. Resale of any Content or database or portion thereof, is also prohibited. Violation of this License Agreement may result in legal action being taken against you.
All Content displayed on this website and all software, data and information used to create this website and the Content, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, service marks, patents and other intellectual property rights, or proprietary rights therein or thereto, are owned by iGunner, its affiliates, suppliers or licensors, partners or third party vendors and are protected under U.S. and international copyright, trademark and other applicable laws and treaties including international trade and export laws. All rights not expressly granted to you by us in this License Agreement are reserved to iGunner and you acknowledge and agree that you do not acquire any ownership rights by accessing or downloading copyrighted material or Content from the website as authorized hereunder.
Portions of the website will contain Users content (collectively referred to as “Generated Content”) which includes but is not limited to information, postings, links, audio and video/photographic material, to which Users may contribute appropriate Generated Content. For this Generated Content, iGunner is a distributor only. By submitting Generated Content to iGunner, or by Registering as a Training Provider, Range or Store the host of the website and related services, a license to the Generated Content to use, host, distribute that Generated Content and allow hosting and distribution of that Generated Content, to the extent and in that form or context we may exclusively deem appropriate.
ANYONE submitting ANY Content or media to iGunner, consents to allowing the host of the website and / or any of its related services to distribute (use or display) and allow it to be publicly accessible content from iGunner. Example : training details, range and facility related pictures or videos etc. Should you contribute Generated Content to the website, you understand that it may be seen and used by others under the License Agreement described herein. We are under no obligation to use the Generated Content, in whole or in part, that you submit or that is generated as part of the service provided. You should submit or create only Generated Content, which will not violate property or other rights of any person or organization. Inappropriate Generated Content provided or created via iGunner will be subject to immediate removal. iGunner in its sole capacity has the right to determine the appropriateness of any Generated Content. Any User who provides Generated Content that has been deemed inappropriate will be subject to immediate account termination and removal from the website and loss of all rights to any Generated Content.
4.0 Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED BY iGunner ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS ONLY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, iGunner MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS WEB WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. iGunner SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. IN ADDITION, iGunner DOES NOT WARRANT OR REPRESENT THE FOLLOWING: (1) THE WEBSITE WILL MEET YOUR REQUIRMENTS, (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, (5) THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (6) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF DMI’S AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR VENDORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION FOR ANY SUCH DAMAGE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS OF USE.
THE MATERIAL AVAILABLE THROUGH iGunner IS FOR INFORMATIONAL PURPOSES ONLY. BEFORE YOU ACT ON ANY INFORMATION YOU’VE FOUND ON THIS WEBSITE, YOU SHOULD INDEPENDENTLY CONFIRM ANY FACTS THAT ARE IMPORTANT TO YOUR DECISION. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH iGunner, YOU EXPRESSLY AGREE THAT YOU DO SO AT YOUR OWN RISK.
iGunner DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTY OF NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSION MAY NOT APPLY TO YOU.
5.0 Limitation of Liability
iGunner SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR iGunner SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST INCOME, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OR THE INABILITY TO USE THIS WEB WEBSITE OR THE INFORMATION CONTAINED IN IT, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA PROVIDED ON THE WEBSITE BY YOU, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF iGunner HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE, SERVICE, AND AFFILIATED WEBSITES.
6.0 Waiver of Jury Trial
iGunner ALONG WITH ANY USER HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
7.0 Indemnification
You agree to indemnify and hold iGunner, its subsidiaries, affiliates, officers, agents, attorneys and employees, harmless from any claim or demand of any kind whatsoever, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the use of this website, the violation of this Agreement, or infringement by another User, of any intellectual property or any other right of any person or entity who may have gained access to iGunner by using your ID and password.
8.0 COPPA Notice
CHILDREN ONLINE PROTECTION ACT NOTIFICATION
***Special Note for Parents or Guardians of Children
The website you are visiting was not designed for anyone under the age of 18. We are not responsible for any access or use of this website by children or minors under the age of 18. This website does not sell products designated for purchase by children under the age of 13 or anyone under the age of 18 nor is it designed for their use or entertainment.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protections are available to you online.
Please see our COPPA Information provided in our Privacy Statement for more information regarding use of this website and children under the age of 13 and anyone under the age of 18.
9.0 Technology Export Control
Through the Bureau of Industry and Security and its use of the Export Administration Regulations, the United States government has implemented export control laws that regulate the export and re-export of technology originating from within the United States. This technology includes the electronic transmission of information or software. The export control laws regulate the exporting or re-exporting of this technology to foreign countries and to certain foreign nationals. You agree to abide by these laws and regulations, including but not limited to, the Export Administration Act, U.S. Foreign Corrupt
Practices Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the website to either a foreign national or foreign destination in violation of such laws.
10.0 Website users, Ranges, Training, Stores, License providers, and Registered Account Holders Obligations
USE AT YOUR OWN RISK. iGunner, LLC is a site for informational purposes only. By using this site, you do so at your OWN RISK. It is up to you as the user to ensure you exchange information with any other user in a safe manner. iGunner, LLC does not guarantee the accuracy of any listed information and is not responsible or liable for any activity conducted on its website or derived from its website, including but not limited to the exchange of information or services between users. iGunner, LLC encourages all users to use this site appropriately, but cannot guarantee the accuracy of information provided and does not verify the identity or veracity of any users or statements on this site.
iGunner, LLC does not oversee, supervise, or ensure the privacy or safety of any communications or activities resulting from any communication between the Service Providers (all listed ranges, license and training course providers, instructors, and stores) and Website Users. Any users use of any e-mail addresses, online forms, or any other method of exchange of information is at the users own risk.
ACCOUNT REGISTRATION. All Service Providers and Website Users who wish to register for an account with iGunner, LLC shall provide a password to receive an account. iGunner, LLC has the right to refuse to create an account or to remove a user with an existing account at any time and for any reason. All account holders are liable for any all activities that occur under their own account. iGunner, LLC will not indemnify or be held liable for any activity of any user.
By registering an account, you consent to the storage and processing of your personal information and any other information you provide (Generated Content). By using the site, you agree:
• You are 21 years of age or older;
• Your username or account information does not impersonate any other person or business;
• The information and username you provide is not offensive or in any manner whatsoever inappropriate, in the sole, absolute, and unreviewable discretion of iGunner, LLC;
• You will not share your account information with anyone else;
• The information you provide is accurate and up to date; and
• You will promptly update any information to ensure it stays up to date.
iGunner, LLC reserves the right to suspend or terminate your use of the site at any time and for any reason. If iGunner, LLC becomes aware, suspects, or receives a report that your account or information provided by your account is untrue, inaccurate, or not current, then iGunner, LLC reserves the right to suspend or terminate your account, with or without notice to you. iGunner, LLC does not monitor account users and all account users use this site at their own risk.
11.0 Materials Submitted by Others
We cannot and do not review every posting or monitor all Generated Content made using our website. You may well read any given posting or see Generated Content live and in real time before anyone on our staff does. You can expect Generated Content and postings to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any Generated Content, information provided, or posting, regardless of whether the data comes from a User, a celebrity or “expert” guest, or from a member of our staff.
12.0 Legal Compliance
iGunner reserves the right to use any information available to us by virtue of your use of iGunner (including, for example, reverse IP address inquiry) in order to comply with any law, to enforce our Terms & Conditions of Use Agreement or Privacy Statement, or to protect the rights, property or safety of all visitors, and Users to our website, our customers, the public or iGunner and its affiliates or licensees. We reserve the right without obligation to review the content of this website, including Generated Content, video, blogs, comments, class listings, forums, and other information posted to iGunner to determine compliance with our Terms & Conditions of Use Agreement and operating rules established by us or our affiliates, and to satisfy any law, regulation or authorized government request. We have the right to delete, move, refuse to post, or edit any messages, videos, listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
By using iGunner, you agree not to generate any content, post, submit or transmit through iGunner any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability, damages or otherwise violate any law, treaty, copyright, trademark, or that, without our express prior approval, contains advertising or any solicitation with respect to commercialized products or services.
The sender of any communications to iGunner shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all rights necessary for you to provide post, upload or submit that content. Without limiting the foregoing, you shall be liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any content or other material submitted by you to iGunner and agree that you will indemnify and hold iGunner harmless from and against any claims, damages or losses related to such content or other material.
We reserve the right to deny access to anyone who violates these Terms & Conditions of Use or who, in our judgment, interferes with the ability of others to enjoy iGunner or infringes in anyway the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies and court orders.
By submitting communications, materials or ideas from any area of iGunner, or by registering as a Range, Store or training provider you grant iGunner, its affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, publicly display, publicly perform and distribute publicly available content that relates to your Range, Training, Course or Training Facility such material and ideas (in whole or in part) alone or as incorporated into other works in any form, media, advertising or technology now known or hereafter on a worldwide basis. You also permit any User of iGunner to access, view, store, or reproduce the material or ideas for that user’s personal use if placed in a public area. Such purposes may include disclosure to third parties. By registering on iGunner.com and by posting or disclosing any information, you hereby waive any claim that iGunner misappropriated any such ideas, materials or any portions of your communication or Generated Content.
13.0 Modifications and Interruption to Service
iGunner reserves the right to modify or discontinue the website with or without notice to the User. iGunner shall not be liable to a User or any third party should iGunner exercise its right to modify or discontinue the website. Each User acknowledges and accepts that iGunner does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our operation or control.
14.0 Disclaimer for Firearms Products and Instruction
NO LIABILITY FOR PRODUCTS/SERVICES. iGunner, LLC does not sell any products or services and is not responsible for or liable to any user who purchases any products or services from other users or from links provided on the site. Your use of any link or purchase of any product is at your own risk and subjec to the seller’s terms and conditions.
WAIVER. User (on their behalf and on behalf of their executors, administrators, assignees, heirs, next of kin, and the like) expressly waives and releases iGunner, LLC from any and all such claims of any kind, including death and grave bodily injury, arising from or connected with Users use of this site or any services or products provided by or referenced on this site in any manner. All users who obtain any firearm services or purchase any products from any third party hereby waive on their behalf (and on behalf of their executors, administrators, assignees, heirs, next of kin, and the like) any and all claims for damages, losses, demands, and any other actions or claims whatsoever, which User may have or which may arise against iGunner, LLC (including, but not limited to the death of a User and/or any and all injuries, damages, or illnesses suffered by User or User’s property) which may, in any way, whatsoever, arise out of, be related to, or be connected with users use of this site, the course of instruction or services, the Premises, including any latent defect in the Premises, User’s presence on or use of said Premises, User’s property, and the discharge of firearms or any incident related to the discharge of a firearm.
INDEMNIFICATION. All Service Providers and Website Users agree to to indemnify, hold harmless, and defend iGunner, LLC (including its staff, agents, officers, owners, or any other person affiliated with or associated with iGunner, LLC in any manner) from any and all fault, liabilities, costs (including attorneys fees), expenses, claims, and demands or lawsuits arising out of, related to or connected with their use or presence at and/or participation in any listed or offered course of instruction, ranges or stores; the discharge of firearms by User, User’s presence on or use of any range, building, land, and premises (“Premises”) which User is required to be present at during any course of instruction; and, any and all acts or omissions of users while on any Premises and while participating or observing in any course of instruction either as an instructor, student, or observer.
INHERENT RISK. User acknowledges that there is an inherent risk in taking part in any course or other instruction regarding firearms and that such instruction and use of firearms puts User at risk of serious bodily injury and even death. Courses often have live ammunition and attending the course, as a student or observer, puts the User at risk for serious bodily harm, including death. Any User who takes part in any firearm instruction or any other activity with a third-party shall be subject to that third-parties’ terms and conditions, waivers, rules, regulations, or service conditions such third-party provides. iGunner, LLC is in no way responsible for or liable for the conduct or safety of any User who uses any services of any other User or any other business on this site.
Please Take Note: USER AGREES TO USE iGunner LLC AND UNDERTAKE FIREARM INSTRUCTION AT THEIR OWN PERIL AND RISK! iGunner LLC has no knowledge of User’s qualifications, medical conditions, or fitness level. Accordingly, User agrees to be responsible for determining (alone or in consultation with a healthcare professional) whether his or her participation in any instruction course or service available through iGunner LLC might pose an adverse health risk. User accepts all responsibility for use of the site and any available instruction.
15.0 Third-Party Websites and Links
iGunner LLC may include links to other websites that are owned and operated by online merchants, vendors, suppliers, manufacturers, material men, contractors, subcontractors, service providers and/or other third parties (collectively referred to as “Vendors”). Any such links to Vendors websites are provided for your convenience only, and such links do not imply endorsement by iGunner LLC of such Vendor websites or the content contained therein. You acknowledge that we are not responsible for the availability of, or the content located on or through, any Vendor website. You should contact the website administrator for those Vendor websites if you have any concerns regarding such links or the content located on such websites. If you have reasons to believe that any links or information posted on iGunner.com incites violence please contact iGunner LLC immediately. You acknowledge that iGunner LLC is not responsible for any such links or information. Your use of Vendor websites is subject to the terms & conditions of use and privacy policies of each website. We encourage all Website Users to review said terms & conditions and privacy policies of all Vendor websites.
iGunner LLC disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity concerning Vendor websites and offerings, and you agree that any recourse for dissatisfaction or problems with those websites must be directed to the Vendors and not iGunner LLC as you agree to waive any claim you may have against us with respect to any Vendors claim.
16.0 Governing Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the United States of America, without regard to any principals of conflicts of law. Any and all services and rights of use hereunder are considered performed in the State of South Dakota, United States and You agree that any action at law or in equity that arises out of or relates to this website or these Terms & Conditions of Use will be filed only in the state or federal courts located in South Dakota and the Federal Northern District of South Dakota, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
17.0 Compliance with Laws and International Use
You assume all knowledge of applicable laws and are responsible for compliance with any such laws. You may not use our website in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
Furthermore, we make no representation that materials or services on this website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with those local laws and regulations. Please see actual regulations for more information.
iGunner does not actively target or market to any EU member state and does not, to its knowledge, process or control any EU citizen personally identifiable information: Despite this fact this Agreement in conjunction with our Privacy Statement and its enumerated policies are intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”) and provide appropriate protection and care with respect to the treatment of all of our users information in accordance with the GDPR.
18.0 Copyright, Trademark and Service Mark Information
All Content included or available on this website, including design elements, text, graphics, interfaces, and the selection and arrangements thereof is the property of iGunner LLC, with all rights reserved, or is the property of iGunner and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of iGunner LLC is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our website or the content.
iGunner Logo/Logos is protected by copyright of iGunner LLC, which may not be used in connection with any product or service that is not provided by iGunner, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits iGunner.
All other trademarks displayed on iGunner’s website are the trademarks of their respective owners and may only be used with the permission of the particular owner. These other trademarks constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the Vendor websites is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with iGunner.
19.0 Notification of Claimed Copyright Infringement
We respect the intellectual property of others and we ask our Users to do the same. If you believe that your work has been copied and is accessible on the website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
• A description of the copyrighted work that you claim has been infringed;
• Identification of the URL or other specific location on the Website where the material you claim is infringing is located;
• Your name, address, telephone number, email address, and statement that you are an authorized person to act on behalf of the owner of the copyright;
• 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;
• An affidavit submitted by you, sworn to and made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are an authorized agent to act on behalf of the copyright owner.
Pursuant to Section 512(c) of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act, iGunner designates the following e-mail for receipt of notifications of claimed copyright infringement.
By Email:
legal@iGunner.com
20.0 Botnets
iGunner retains the right, at our sole discretion, to terminate any User involved with botnets and related activities. If any hostnames are used as command and control points for botnets, iGunner reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
21.0 Spamming
Use of iGunner by you for spamming is strictly prohibited.
22.0 Apple Terms
In the event that User obtains any App through the Apple App Store, offered by Apple, Inc. (“Apple”), the following shall apply:
• Both User and iGunner acknowledge that the agreements in the Terms of Service are concluded between User and iGunner only, and not with Apple, and that Apple is not responsible for the App;
• User will only use the App in connection with an Apple device that User owns or controls;
• User acknowledges and agrees that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
• In the event of any failure of the App to conform to any applicable warranty, including those implied by law, User may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to User will be to refund to User the purchase price, if any, paid for the App;
• User acknowledges and agrees that iGunner, and not Apple, is responsible for addressing any claims User or any third party may have in relation to the App;
• User acknowledges and agrees that, in the event of any third party claim that the App or User’s possession and use of the App infringes that third party’s intellectual property rights, iGunner, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
• User represents and warrants that User is not located in a country subject to a S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that User is not listed on any U.S. Government list of prohibited or restricted parties;
• Both User and iGunner acknowledge and agree that, in using the App, User will comply with any applicable third party terms of agreement which may affect or be affected by such use;
• Both User and iGunner acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon User’s acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against User as the third party beneficiary hereof; and
• In the event User uses the App to provide User with real-time route guidance, USER’S USE OF THIS REAL TIME ROUTE GUIDANCE IS AT USER’S SOLE RISK. LOCATION DATA MAY NOT BE
23.0 Miscellaneous Terms
These Terms & Conditions of Use constitute the entire agreement and understanding between you and us, superseding any prior agreements and understandings, and govern your use of the website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to enforce or exercise any right or provision of these Terms & Conditions of Use shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and in full force and effect. You agree that these Terms & Conditions of Use and any other agreements referenced herein, may be assigned by iGunner, in our sole discretion, to a third party in the event of a merger or acquisition. The section titles and headings in these Terms & Conditions of Use are for convenience only and have no legal or contractual effect.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms & Conditions of Use.
Any rights not expressly granted herein are reserved by and for us.
Your communications with iGunner via the website may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
From time to time, iGunner may offer you the option to participate in contests, sweepstakes, or surveys. If you would like to participate, we may ask you for contact information, mobile telephone number, preferences or other information. This information may be used to conduct research, improve our offerings, or contact you via text message. Standard text message rates apply and you may opt out at any time by following the prompts on the text message itself or via any email communication opt out button. Our contests or sweepstakes may have separate rules and we will identify how the information that you supply will be used in each case.
By submitting information to iGunner through this website or otherwise you are making an inquiry as to services offered by iGunner and give iGunner permission to contact you through Email, fax, telephone, mobile phone, or any means, even if your phone number or mobile number is on a “Do Not Call” list.
Certain sections or pages on this website may contain separate terms and conditions, which are in addition to these Terms & Conditions of Use. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
iGunner, LLC and iGunner will use commercially reasonable efforts to promptly respond and resolve any problem or question.
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