The Shooting Club Terms of Service
Last updated: February 17, 2016
Welcome to The Shooting Club. The website TheShootingClub.com (the “Site”), and the “The Shooting Club” mobile application and the various related services, features, functions, software, applications, websites and networks (collectively, the “Mobile Application”) are provided and operated, and are being made available to you and the other users of the Site and the Mobile Application (collectively, “Users”) by The Shooting Club, Inc. (“TSC”).
1. ELIGIBILITY. To access and use the Site and the Mobile Application, you must be at least 18 years of age. By registering for or using the Site or the Mobile Application, clicking the “I agree” button or by downloading, installing or otherwise using the Site or the Mobile Application, you represent that you satisfy the eligibility requirements and have not been previously suspended or removed from the Site or the Mobile Application.
YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS.
3. MOBILE APPLICATION LICENSE GRANT.
3.1 LICENSE GRANT. Subject to your compliance with all the terms and conditions set out in these Terms, TSC hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to access and use the Site and Mobile Application as contemplated herein. The Site or the Mobile Application may now or in the future permit the submission and/or posting or linking of pictures, audio and video recordings, text, data, information and other input or any other content linked, posted, and/or submitted by you or other Users, in each case whether or not made available to other Users (“Content”).
Any software that TSC provides you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
3.2 PREVENTION OF UNAUTHORIZED USE. TSC reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site or the Mobile Application, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
4. FEES. To the extent that you elect to pay any subscriptions fees or to receive services or participate in activities associated with the Site or the Mobile Application for which there is a fee (collectively, the “Fees”), you agree to pay, and authorize TSC to charge for, such Fees in accordance with the applicable terms and conditions. TSC reserves the right to increase any such Fees at any time upon reasonable notice posted in advance on the Site or the Mobile Application.
ALL FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS SPECIFICALLY PROVIDED OTHERWISE IN THE APPLICABLE TERMS AND CONDITIONS.
5. INDIVIDUAL FEATURES AND MOBILE APPLICATION. When using the Site and the Mobile Application, you will be subject to any additional posted policies, guidelines or rules applicable to the Site and Mobile Application and features which may be posted from time to time (the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
6. RESPECTING OTHER PEOPLE’S RIGHTS. TSC respects the rights of others and so should you. You therefore may not post or send Content that:
- Violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by TSC in its sole discretion;
- Is false, misleading, untruthful or inaccurate;
- Includes anyone’s identification documents or sensitive financial information
- Impersonates any person or entity, including any of TSC’s employees or representatives; or
- Spams or solicits any Users.
7. CASH AND PRIZES. From time to time, TSC may run contests and sweepstakes and other similar events through which you may win cash and prizes (collectively, the “Contests”). All such Contests shall be subject to and governed by the applicable terms and conditions for each such Contest (the “Contest Terms”). All such Contest Terms are incorporated by reference into these Terms and you hereby agree to be bound by the applicable Contest Terms associated with each such Contest.
8. IN-APP PURCHASES. TSC may offer various virtual features, functionality, goods and services (“Products”) that you can purchase and use through the Site or Mobile Application. Payments or payment processing for in-app purchases may be handled by TSC or unaffiliated third parties. You are responsible for all sales taxes. To the extent that any such taxes are payable by TSC, you must pay to TSC the amount of such taxes in addition to any other amounts owing for such in-app purchases.
All in-app sales of Products may be final and non-refundable so please check the applicable terms and conditions carefully. Since TSC’s performance begins once you tap “Buy” and TSC may give you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your purchase once it’s completed, or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT TSC IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
TSC may change, modify, or eliminate Products at any time, with or without notice. You agree that TSC will bear no liability to you or any third party if TSC does so. If TSC suspends or terminates your account, you may lose any Products you purchased through the Mobile Application.
It’s your sole responsibility to manage your in-app purchases. For information about how to restrict in-app purchases on your device, please consult your app store’s terms. If you are under 18, you must obtain your parent’s or guardian’s consent before making any purchases.
9. MODIFICATION OF THESE TERMS; MODIFICATION OF FEES. TSC reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to Site or the Mobile Application. If TSC updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the Site or the Mobile Application after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations, TSC will make reasonable efforts to notify you of such change. TSC may provide notice through a pop-up or banner within the Mobile Application, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, TSC may require you to provide consent by accepting the changed Terms. If TSC requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by TSC, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on the Mobile Application.
IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SITE AND THE MOBILE APPLICATION.
To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
10. DIGITAL MILLENNIUM COPYRIGHT ACT. It is TSC’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to TSC’s DMCA Notification Guidelines at TheShootingClub.com/DMCA. If you file a notice with TSC’s copyright agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). TSC reserves the right to terminate without notice any User’s access to the Mobile Application if that User is determined by TSC to be a “repeat infringer.” In addition, TSC accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
11. LICENSE GRANT; REPRESENTATIONS AND WARRANTIES.
11.1 LIMITED LICENSE GRANT TO TSC. By uploading, providing, posting, distributing or disseminating any Content to or through the Site or the Mobile Application, you hereby grant to TSC a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise exploit your Content (and any copyrights, publicity, database and other proprietary rights therein), in connection with the Site, the Mobile Application and TSC’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Mobile Application (and derivative works thereof), in any media formats and/or through any media channels.
11.2 content USE BY OTHER USERS. You hereby consent to the use of your Content by other Users that are authorized to access your Content in the manner contemplated by these Terms and the Mobile Application.
11.3 CONTENT REPRESENTATIONS AND WARRANTIES. You are solely responsible for your Content and the consequences of posting or publishing them. By uploading and publishing your Content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize TSC and the Users to use and distribute your Content as necessary to exercise the licenses granted by you in Section 11 and in the manner contemplated by TSC and these Terms; (2) your Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or violate or invade the right of privacy, publicity or other rights of any person or entity; and (3) your Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the Mobile Application. Violators of these third-party rights may be subject to criminal and civil liability. TSC reserves all rights and remedies against any Users who violate these Terms.
11.4 CONTENT DISCLAIMER. You understand that when using the Site or the Mobile Application you may be exposed to Content or other materials from a variety of sources, and that TSC is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content and other content. You further understand and acknowledge that you may be exposed to Content and other materials that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TSC with respect thereto. TSC does not endorse any Content and other material or any opinion, recommendation or advice expressed therein, and TSC expressly disclaims any and all liability in connection with Content and other materials. If notified by a User or a content owner of any Content or other content or materials that allegedly do not conform to these Terms, TSC may investigate the allegation and determine in its sole discretion whether to remove the Content or other content or materials, which it reserves the right to do at any time and without notice. For clarity, TSC does not permit copyright infringing activities on the Site or the Mobile Application.
12. PROHIBITED CONDUCT.
BY USING THE SITE AND THE MOBILE APPLICATION YOU AGREE NOT TO:
12.1 Decipher, decompile, disassemble, reverse engineer, modify, translate, or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Site or the Mobile Application, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
12.2 Make the Mobile Application available to anyone other than you or use the Mobile Application for the benefit of anyone other than you, including selling, reselling, distributing, hosting, leasing, renting, licensing or sublicensing, in whole or in part, the Mobile Application, or using the Mobile Application for hosting or time sharing services, or as part of a service bureau or outsourcing offering;
12.3 Provide any services to any third party using the Site or the Mobile Application where such third party’s use of the Site or the Mobile Application would, if undertaken by you or any of your affiliates, violate any term or condition of this Agreement;
12.4 Prepare any derivative work of the Site or the Mobile Application, or any other program based upon any Mobile Application;
12.5 Reproduce (except as expressly permitted herein), modify, adapt, translate or otherwise make any changes to the Site or the Mobile Application or any part thereof;
12.6 Copy, disclose, or distribute any data not owned by you that is available on the Site or the Mobile Application in any medium, including without limitation, by any automated or non-automated “scraping;”
12.7 Interfere with, circumvent or disable any security or other technological features or measures of the Mobile Application or attempt to gain unauthorized access to the Mobile Application or its related systems or networks;
12.8 Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users of the Mobile Application (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
12.9 Use bots or other automated methods to: access the Site or the Mobile Application, download profiles, contacts or any other information, send or redirect messages or perform any other activities through the Mobile Application;
12.10 Engage in the buying, selling, trading or other transfer, directly or indirectly, of any firearms, even if not prohibited by law; or
12.11 Use the Site or Mobile Application for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment.
13. ACCOUNT. When you use the Site or the Mobile Application or any applications, products, services, or information from TSC, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to TSC on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You may update or change any information that you provide to TSC online through the Mobile Application. If at any time you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify TSC. You may be liable for the losses incurred by TSC or others due to any unauthorized use of your Mobile Application account.
14. THIRD-PARTY SITES, PRODUCTS AND MOBILE APPLICATION; LINKS. The Site and the Mobile Application may include links or references to other web sites or services (“Third Party Sites”) solely as a convenience to Users. TSC does not endorse any such Third Party Sites or the information, materials, products, or services contained on or accessible through Third Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site or the Mobile Application are solely between you and such advertiser. Access and use of Third Party Sites, including the information, materials, products, and services on or available through Third Party Sites are solely at your own risk.
15. DATA CHARGES AND MOBILE PHONES. You are responsible for any mobile charges that you may incur for using the Site and the Mobile Application, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Mobile Application.
If you change or deactivate the email or mobile phone number that you used to create a TSC account, you must update your account information through settings within 72 hours to prevent us from sending to someone else messages intended for you.
16. TERMINATION; TERMS OF SERVICE VIOLATIONS.
16.1 TSC. You agree that TSC, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with TSC or your use of the Mobile Application and remove and discard all or any part of your account, user profile, and any Content, at any time. TSC may also in its sole discretion and at any time discontinue providing access to the Mobile Application, or any part thereof, with or without notice. You agree that any termination of your access to the Mobile Application or any account you may have or portion thereof may be effected without prior notice, and you agree that TSC will not be liable to you or any third party for any such termination. TSC reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing TSC to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TSC may have at law or in equity. As discussed herein, TSC does not permit copyright infringing activities on the Mobile Application, and shall be permitted to terminate access to the Mobile Application, and remove all Content or other content submitted by any Users who are found to be repeat infringers.
BY ACCEPTING THESE TERMS, YOU WAIVE AND HOLD HARMLESS TSC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TSC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TSC OR LAW ENFORCEMENT AUTHORITIES.
16.2 YOU. Your only remedy with respect to any dissatisfaction with (i) the Site or the Mobile Application, (ii) any term of these Terms, (iii) any policy or practice of TSC in operating the Site or the Mobile Application, or (iv) any content or information transmitted through the Site or the Mobile Application, is to terminate your account and your use of the Site and the Mobile Application. You may terminate your use of the Site and Mobile Application and your account at any time. After such termination, you must refrain from use of the Mobile Application until authorized by TSC.
17. OWNERSHIP; PROPRIETARY RIGHTS. The Site and the Mobile Application are owned and operated byThe visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Mobile Application provided by TSC (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content that are provided and owned by Users, all Materials contained on the Mobile Application are the property of TSC or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to TSC or its affiliates and/or third-party licensors. Except as expressly authorized by TSC, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. TSC reserves all rights not expressly granted in these Terms.
18. INDEMNIFICATION. You agree to indemnify, save, and hold TSC, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, the Mobile Application, any of the Content or any Product, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. TSC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify TSC, and you agree to cooperate with TSC’s defense of these claims. TSC will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
19. NO WARRANTIES; DISCLAIMERS.
19.1 NO WARRANTIES. To the fullest extent permissible pursuant to applicable law, TSC and its affiliates, contractors, directors, officers, employees, agents, third-party partners, licensors and suppliers (collectively, the “TSC Parties”) disclaim all warranties, statutory, express or implied with respect to the Site, the i Mobile Application and the products, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights and warranties arising from a course of dealing, usage or trade practice. Without limitation to the foregoing, TSC provides no warranty or undertaking, and makes no representation of any kind, whether express, implied, statutory or otherwise, that the Site or the services will meet your requirements or achieve any intended results. No advice or information, whether oral or written, obtained by you from the TSC parties or through the Site or the Mobile Application will create any warranty not expressly stated herein.
19.2 “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS”. You expressly agree that the use of the Site, the Mobile Application and the products are at your sole risk. The Site, the Mobile Application, the products and any data, assessments, results, information, third-party software, content, third party sites, Mobile Application, or products made available in conjunction with or through the Site or the Mobile Application are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied.
19.3 PLATFORM OPERATION AND CONTENT. The TSC parties do not warrant that the data, assessments, results, content, functions, or any other information offered on or through the Site, the Mobile Application or any third party sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
19.4 ACCURACY. The TSC parties do not warrant or make any representations regarding the use or the results of the use of the Site, the Mobile Application or any third party sites in terms of correctness, accuracy, reliability, or otherwise.
19.5 HARM TO YOUR COMPUTER. You understand and agree that you use, access, download, or otherwise obtain information, materials, assessments, results or data through the Site, the Mobile Application, the products or any third party sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
19.6 RISKS ASSOCIATED WITH FIREARMS. You understand and agree that (a) your use and the use by any other user of firearms are inherently dangerous and could cause bodily injury, damage to personal property and death, and you hereby waive all claims against TSC, and assume full responsibility, for any and all damages, injuries and death sustained by you and your property related to your use or the use by any other user of firearms and (b) TSC shall have no liability and you will look solely to the shooting range and the related parties for any bodily injury, damage to personal property or death that may occur at such shooting range.
20. LIMITATION OF LIABILITY AND DAMAGES.
20.1 LIMITATION OF LIABILITY. Under no circumstances, including, but not limited to, negligence, will the TSC parties be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these terms or that result from your use or your inability to use the materials, assessments, results or content on the Site, the Mobile Application, the products or any third party sites, or any other interactions with TSC, even if TSC or a TSC authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, TSC’s liability will be limited to the fullest extent permitted by applicable law.
20.2 LIMITATION OF DAMAGES. In no event will the TSC parties’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Mobile Application or your interaction with other users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you (or on your behalf), if any, to TSC during the twelve (12) months immediately preceding the date of the claim, or ten dollars, whichever is greater.
20.3 RELEASE FOR DISPUTES BETWEEN USERS. If you have a dispute with any other Users or other third parties, you release TSC and the other TSC Parties 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. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
20.4 THIRD PARTY SITES. These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any third party sites or otherwise by third parties other than TSC and received through or advertised on the Site or the Mobile Application or received through any third party sites.
20.5 BASIS OF THE BARGAIN. You acknowledge and agree that TSC has offered the Site, Mobile Application, its products and services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and TSC, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and TSC. TSC would not be able to provide the Site or the Mobile Application to you on an economically reasonable basis without these limitations.
20.6 LIMITATIONS BY APPLICABLE LAW. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in these terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
21. UNITED STATES EXPORT CONTROLS. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under these Terms are contingent on your compliance with this provision.
22.1 NOTICE. TSC may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Site or the Mobile Application. Notice will be deemed given twenty-four hours after email is sent, unless TSC is notified that the email address is invalid. Alternatively, TSC may give you legal notice by mail to a postal address, if provided by you through the Mobile Application. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Mobile Application is deemed given 30 days following the initial posting.
22.2 WAIVER. The failure of TSC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by TSC.
22.3 DISPUTE RESOLUTION. If a dispute arises between you and TSC, the goal is to provide you with a neutral and cost effective method of resolving the dispute quickly. Accordingly, you and TSC agree that any dispute, claim or controversy at law or equity that arises out of this Agreement or the Mobile Application (a “Claim”) will be resolved in accordance with this Section 22.3 or as TSC and you otherwise agree in writing. Before resorting to these dispute methods, TSC strongly encourages you to first contact TSC directly to seek a resolution.
(a) Choice of Law. These Terms shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY CLAIM OR OTHERWISE IN CONNECTION WITH THESE TERMS, MOBILE APPLICATION OR THE SITE.
(b) Arbitration and Class Action Waiver.
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
(i) Arbitration. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND TSC (WHETHER OR NOT SUCH CLAIM INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS, MOBILE APPLICATION OR THE SITE, INCLUDING WITHOUT LIMITATION, YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND TSC HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND TSC WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf.
Neither you nor TSC will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.
YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST TSC INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if TSC is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either TSC or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 22.3(b) is found not to apply to you or your claim, you and TSC agree that any judicial proceeding (other than small claims actions) must be brought, solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts of Harris County, TX. Both you and TSC consent to venue and personal jurisdiction there. Notwithstanding the foregoing, TSC may bring a claim for equitable relief in any court with proper jurisdiction.
(iii) This arbitration agreement will survive the termination of your use of the Site or the Mobile Application or your relationship with TSC.
(c) Improperly Filed Claims. All claims you bring against TSC must be resolved in accordance with this Section 22.3. All claims filed or brought contrary to this Section 22.3 shall be considered improperly filed. Should you file a claim contrary to this Section 22.3, TSC may recover attorneys’ fees and costs up to $5000, provided that TSC has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
22.4 SEVERABILITY. If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
22.5 ASSIGNMENT. These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TSC without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
22.6 SURVIVAL. Upon termination of these Terms, any provision which, by its nature or express terms should survive , will survive such termination or expiration, including, but not limited to, Sections 1, 2, 10, 11, 12 and 15-21.
22.7 HEADINGS. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
22.9 NO AGENCY. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
22.10 GEOGRAPHIC RESTRICTIONS. TSC is based in the state of Texas in the United States. TSC makes no claims that the Site or any of its content or the Mobile Application is accessible or appropriate outside of the United States. Access to the Site and the Mobile Application may not be legal by certain persons or in certain countries. If you access the Site and the Mobile Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TSC with respect thereto.
22.11 DISCLOSURES. The Site and the Mobile Application are offered by the Shooting Club, Inc. located at: 13121 Louetta Rd, #915, Cypress, TX 77429 and email: Team@TheShootingClub.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
The Shooting Club has no political or religious affiliation and does not endorse any political candidate, political party, or religious group.
© 2016 The Shooting Club, Inc.