Terms of Use

Gun Geeks, LLC

Welcome to Gun Geeks, LLC, GunGeeks.com, and/or its associated website (the “Site”). Gun Geeks, LLC and its affiliates (“Gun Geeks, LLC”) provide this Site, along with the features, apps, products, and services offered through it (collectively, the “Services”), subject to these Terms of Use (the “Site Terms”).

We offer a variety of Services, and additional terms may apply to specific offerings. When using certain Services, you will also be subject to the guidelines, terms, and agreements applicable to that specific Service (“Service Terms”). If any conflict arises between these Site Terms and the Service Terms, the Service Terms will take precedence.

BY ACCESSING OR USING THIS SITE AND ITS SERVICES, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS, SERVICE TERMS, AND ALL RELATED POLICIES AND GUIDELINES INCORPORATED HEREIN. IF YOU DO NOT AGREE TO ALL THE TERMS, YOU MUST NOT USE THIS SITE OR ANY OF ITS SERVICES.

THIS SITE AND ITS SERVICES ARE INTENDED FOR INDIVIDUALS AGED 18 AND OLDER ONLY. ANY REGISTRATION, ACCESS, OR USE BY ANYONE UNDER THE AGE OF 18 IS STRICTLY PROHIBITED AND CONSTITUTES A VIOLATION OF THESE TERMS.

We reserve the right to modify these Site Terms, Service Terms, and any related policies or guidelines at any time, at our sole discretion. Any changes will be posted on this page and will take effect immediately. We encourage you to review these terms regularly. Your continued use of the Site after changes are posted constitutes your acceptance of the updated terms. If you do not agree to the changes, you must stop using the Site and its Services.

PRIVACY POLICY

Please review our Privacy Policy at GunGeeks.com/legal/privacy-policy for information on how we collect, use and disclose personally identifiable information from users of and visitors to the Site. If any conflict exists between the Site Terms and our Privacy Policy, the Site Terms will prevail.

REGISTRATION, ACCOUNTS AND PASSWORDS

If you establish an account or register at the Site, you agree to:

(a) provide accurate, current and complete information about you as may be prompted by the Site (“Registration Data”);

(b) maintain the confidentiality of your password and account;

(c) maintain and promptly update your Registration Data, and any other information you provide to us, and keep it accurate, current and complete; and

(d) accept all risks of unauthorized access to the Registration Data and any other information you provide at the Site.

You are solely responsible for all activities that occur under your password or account, whether authorized by you or not. You will

(a) immediately notify us of any unauthorized use of your password or account or any other breach of security of your account or the Site, and

(b) ensure that you exit from your account each time you use the Site.

We may terminate your account and access to the Site and Services if we learn that you have provided us with false or misleading Registration Data. We reserve the right at our discretion to suspend or cancel your account and/or password if we suspect that it is being used in an unauthorized or fraudulent manner. If we terminate, suspend, cancel or otherwise disable your account, you will not create another account without our permission.

PRODUCTS available at the site

Gun Geeks, LLC may display a Regular Price, List Price or Suggested Price for products or services at the Site and these prices represent the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Regular Price, List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the Regular, List Price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set or the pricing as may be provided by the Retailer.

All items purchased through the Site are made pursuant to a purchase contract with the seller of such items. This means that you need to understand such purchase terms, including when you assume any risk of loss for products purchased or shipped by use of the Site.

Advertisements and Promotions

Gun Geeks, LLC may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Gun Geeks, LLC, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Gun Geeks, LLC is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party content, or content of third-party advertisers’ advertisements and promotions on the Site.

USER COMMUNICATIONS

You agree that Gun Geeks, LLC may contact you by electronic communication, including telephone or text messages (including by an automatic telephone dialing system) at any of the email addresses or phone numbers provided by you or on your behalf in connection with your account or use of the Site or Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving emails or text messages from us at any time either by texting the word “STOP” to any text message using the mobile device that is receiving the messages, by using the unsubscribe link contained in the email or by contacting us at contact@gungeeks.com.

Ownership and Copyright

Except where otherwise noted, the Site and all text, images, marks, logos, and other content contained within it — including, but not limited to, the Gun Geeks, LLC logo, all designs, text, photos, graphics, images, information, data, code, software, music, sound files, and other materials, as well as their selection and arrangement (collectively referred to as the “Site Content”) — are the proprietary property of Gun Geeks, LLC or its licensors, suppliers, publishers, rights holders, or other content providers. The Site and all Site Content are protected by U.S. and international copyright laws.

The Site and all Site Content are © Gun Geeks, LLC. All Rights Reserved.

Trademarks

Gun Geeks, LLC and all product or service names, slogans, and logos displayed on this Site are registered and/or common law trademarks of Gun Geeks, LLC or its licensors, suppliers, publishers, rights holders, or other content providers. These may not be copied, imitated, or used, in whole or in part, without the prior written permission of Gun Geeks, LLC or the applicable trademark holder.

Additionally, all Site Content, including page headers, custom graphics, button icons, and scripts, are service marks, trademarks, and/or trade dress of Gun Geeks, LLC. These elements may not be copied, imitated, or used, in whole or in part, without the prior written permission of Gun Geeks, LLC.

All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Site are the property of their respective owners. References to any products, services, processes, or other information by trade name, trademark, manufacturer, or supplier do not imply endorsement, sponsorship, or recommendation by Gun Geeks, LLC.

Limited License

Subject to the terms, conditions, and restrictions outlined in these Site Terms and Service Terms, and your payment of any applicable fees, Gun Geeks, LLC grants you a limited, non-exclusive, personal, non-sublicensable, and revocable license (the “License”) to access and use the Site and to view, copy, and print portions of the Site Content.

This License is strictly conditioned upon the following:
(i) You may only view, copy, and print portions of the Site Content for your own personal, informational, and non-commercial use.
(ii) You may not modify or create derivative works from the Site or the Site Content, or any portion thereof.
(iii) Any displays or printouts of Site Content must include the marking: “Gun Geeks, LLC and its licensors. All rights reserved.”
(iv) You may not remove or alter any copyright, trademark, or proprietary notices included in the Site Content.
(v) You may not use any data mining, robots, or similar data-gathering or extraction tools on the Site.
(vi) You may not use the Site or Site Content for any purpose other than its intended use.
(vii) You may not reproduce, create derivative works from, distribute, or publicly display the Site or any Site Content (except for standard page caching) unless explicitly allowed herein.
(viii) You may not frame or use framing techniques to enclose any Site Content, trademark, logo, or proprietary information (including images, text, page layout, or form) belonging to Gun Geeks, LLC without express written consent.
(ix) You may not use any meta tags or “hidden text” that utilize Gun Geeks, LLC’s name or trademarks without express written consent.

Except as expressly permitted above, any unauthorized use of the Site or Site Content without prior written consent from Gun Geeks, LLC is strictly prohibited and will result in the termination of this License.

Your unauthorized use of the Site or Site Content may violate applicable laws, including, but not limited to, copyright, trademark, privacy, publicity laws, and communications regulations. Except as explicitly stated in these Site Terms, nothing on the Site or within its Services conveys or grants any rights or licenses, by implication, estoppel, or otherwise, in or under any patent, trademark, copyright, or other intellectual property rights of Gun Geeks, LLC or any third party.

REVIEWS, COMMENTS, COMMUNICATIONS, Use of Interactive Areas

The Site may include discussion forums, bulletin boards, review sections, or other interactive areas where you or third parties may post content, messages, materials, or items related to the Site and its content (“Interactive Areas”). If Gun Geeks, LLC provides these Interactive Areas, you are solely responsible for your use of them, and you do so at your own risk. By using any Interactive Areas, you agree to comply with the Conduct Guidelines outlined in these Site Terms.

Gun Geeks, LLC assumes no responsibility or liability for any content posted, stored, or uploaded by you, other users of the Site, or any third party, nor for any loss or damage resulting from such content. This includes, but is not limited to, statements, representations, errors, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.

While Gun Geeks, LLC reserves the right—but not the obligation—to screen, edit, or monitor content posted to or distributed through the Interactive Areas, we may remove or disable any content, without notice, that violates these Site Terms, is unlawful or illegal, or for any reason at our sole discretion. Gun Geeks, LLC is not obligated to store content indefinitely and does not assume responsibility for investigating claims of infringement before removing or disabling content.

Any use of the Interactive Areas or other parts of the Site in violation of the above terms constitutes a breach of these Site Terms and may result in the termination or suspension of your rights to use the Interactive Areas and/or the Site.

Rights to User Content

By posting or distributing content to or through the Site, unless we indicate otherwise, you:

(a) grant Gun Geeks, LLC a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display or perform such content throughout the world in any media, now known or hereafter devised;

(b) grant Gun Geeks, LLC and its sublicensees the right to use the name that you submit in connection with your content, at their discretion; and

(c) represent and warrant that:
(i) you own and control all of the rights to the content that you post or otherwise distribute, or you otherwise have the legal right to post and distribute such content to or through the Site;
(ii) the content is accurate and does not mislead; and
(iii) the use, posting, or other transmission of such content does not breach these Site Terms, infringe on any rights, or cause harm to any person or entity.

You further grant Gun Geeks, LLC the right to pursue legal action against any person or entity that violates your or Gun Geeks, LLC’s rights to the content by breaching these Site Terms.

Content submitted by users will be considered non-confidential and non-proprietary, and Gun Geeks, LLC is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Gun Geeks, LLC reserves the right to use the content as it sees fit, in its sole and absolute discretion. Gun Geeks, LLC is under no obligation to offer you compensation for content that you submit or provide you the opportunity to edit, delete, or otherwise modify content once it has been submitted to the Site. Gun Geeks, LLC will have no obligation to attribute authorship of content to you.

If it is determined by a court of competent jurisdiction that you retain moral rights (including rights of attribution or integrity) in any content you submit, you hereby declare that:

(a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of, or updates to, that content;
(b) you have no objection to the publication, use, modification, deletion, or exploitation of the content by Gun Geeks, LLC or its licensees, successors, and assigns;
(c) you permanently waive and agree not to assert any entitlement to any moral rights of an author in any of the content; and
(d) you release Gun Geeks, LLC, and its licensees, successors, and assigns, from any claims you could otherwise assert against Gun Geeks, LLC by virtue of any such moral rights.

Conduct Guidelines

By submitting, posting, or distributing any content on the Site, you agree to respect the rights of all users and adhere to commonly accepted rules of etiquette and standards of behavior. The following conduct guidelines apply to your use of the Site and its Services:

• You will not engage in any behavior on the Site or post, upload, transmit, distribute, store, create, or publish any content that is unlawful, misleading, false, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, violent, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
• You will not solicit or attempt to solicit personal information, including login details, from anyone.
• You will not infringe upon or misappropriate any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party.
• You will not use automated systems or scripts to send comments, messages, updates, blogs, bulletins, or to harvest e-mail addresses or other data from the Site.
• You will not interfere with, disrupt, or place undue burden on the Site or the networks and services connected to it, including denial-of-service attacks.
• You will not upload, post, transmit, or distribute viruses, corrupted data, or other harmful, disruptive, or destructive files or code.
• You will not post, upload, or distribute spam, junk mail, chain letters, unsolicited mass mailings, bulk messages, or content that contains political campaigning.
• You will not upload, post, or distribute content that constitutes or encourages criminal activity, violates the rights of any party, or creates liability under any local, state, national, or international laws.
• You will not use forged or invalid headers to conceal the origin of content or misrepresent its source.
• You will not offer or promote any contests, sweepstakes, or giveaways on the Site.
• You will not attempt to circumvent, modify, or assist others in circumventing or modifying any security features or software on the Site.
• You will not provide or use tracking or monitoring functionality to identify or track third-party views, actions, or activities on the Site.
• You will not sell, transfer, or assign your profile, e-mail address, or personal URLs on the Site.
• You will not use another person’s account, username, or password to access the Site or its Services, nor will you allow anyone else to use your username or password to access the Site or Services.

By adhering to these guidelines, you help ensure a safe, respectful, and lawful experience for all users of the Site. Non-compliance with these rules may result in suspension or termination of your access to the Site and its Services.

Hyperlinks

You are granted a limited, non-exclusive, personal, non-sublicensable, and revocable right to create a text hyperlink to the Site for non-commercial purposes, provided that the link does not portray Gun Geeks, LLC, the Site, or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. Additionally, the linking site must not contain any adult, illegal, offensive, harassing, or otherwise objectionable material. You may not use a Gun Geeks, LLC logo or other proprietary graphic to link to the Site without express written consent from Gun Geeks, LLC.

Third-Party Links and Content

The Site may include links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”). Your use of these links and any associated Third-Party Content is at your own risk. Gun Geeks, LLC does not monitor or have control over Third-Party Content or Third-Party Sites, nor does it make any claims or representations regarding their content, reliability, or policies. These links are provided solely for your convenience and do not imply Gun Geeks, LLC’s endorsement, sponsorship, or affiliation with the Third-Party Sites or Third-Party Content.

Gun Geeks, LLC accepts no responsibility for reviewing changes or updates to, or the quality, content, or policies of, Third-Party Sites or websites that link to the Site. You are encouraged to review the terms, privacy policies, and data-gathering practices of any Third-Party Site before engaging with it or proceeding with any transaction. Make any necessary or appropriate investigations before interacting with or entering into agreements with third parties.

SOFTWARE LICENSE

APP PERMISSIONS

When you use apps developed by Gun Geeks, LLC, you may grant certain permissions to your device. It is your responsibility to understand your device settings and the permissions you grant to our apps. Gun Geeks, LLC is not responsible for the permissions your device may allow or grant to us.

Please note that your mobile carrier’s standard rates and fees, such as text messaging and data charges, will still apply when using our apps or other mobile services. Be sure to check with your carrier for details regarding these charges.

WARRANTY DISCLAIMER

The Site, Services, and all Site Content are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. Gun Geeks, LLC expressly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, Gun Geeks, LLC does not represent or warrant that the Site, Services, information, Site Content, or materials available through the Site are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. You are responsible for using industry-recognized software to detect and remove viruses or other harmful elements. Use of the Site and Services is solely at your own risk.

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Limitation of Liability

You agree to waive and not assert any claims or allegations of any nature whatsoever against Gun Geeks, LLC, its affiliates, or their respective directors, officers, employees, attorneys, or agents arising out of or in any way relating to your use of the Site, Services, information, Site Content, or materials contained in or accessible through the Site. This includes, without limitation, claims or allegations regarding:

• Alleged infringement of proprietary rights.
• Alleged inaccuracies in Site Content.
• Allegations that Gun Geeks, LLC should indemnify, defend, or hold you or any third party harmless from claims or allegations related to your use of the Site or Services.

You use the Site and Services at your own risk.

Gun Geeks, LLC, or any parties providing Site Content, will not be liable for lost profits, indirect, special, incidental, or consequential damages, or damages of any kind arising out of or in any way connected to your use or inability to use the Site, Services, information, Site Content, or materials available through the Site, even if Gun Geeks, LLC or an authorized representative has been advised of the possibility of such damages.

In no event will the aggregate liability of Gun Geeks, LLC, whether arising in contract, warranty, tort (including negligence), product liability, strict liability, or any other theory, exceed the greater of ten U.S. dollars ($10.00) or the amount you actually paid to Gun Geeks, LLC, if any, in the six months preceding the event that gave rise to the claim.

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Third-Party Services and Products

When you use the Gun Geeks, LLC Site or Services, you may interact with third-party services or purchase third-party products. Your use of these third-party services or products is subject to their respective policies, terms of use, and fees. Gun Geeks, LLC is not responsible for, and will not be liable for, any damages or issues arising from your use of these third-party services or products.

Some of the above limitations of liability may not apply to you. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such cases, GUN GEEKS, LLC ’s liability will be limited to the fullest extent permitted by the applicable law.

GOVERNING LAW AND DISPUTES

This Agreement and any performance hereunder shall be governed by and construed in accordance with the laws of the State of TEXAS, without regard to its conflict of law principles. Any claim, cause of action, or dispute arising from or related to your use of the Site, the Services, or any products or services sold or distributed through the Site must be resolved exclusively in the federal or state courts located in Richardson, Texas. By using the Site, you consent to the personal jurisdiction of the courts in Richardson, Texas, agree to the fairness and convenience of proceedings in such courts, and irrevocably waive any objection to the venue.

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Indemnification

If any claim, lawsuit, or legal action is brought against Gun Geeks, LLC related to your actions, content, or information posted on the Site, you agree to indemnify and hold harmless Gun Geeks, LLC from all damages, losses, liabilities, and expenses of any kind, including reasonable attorney’s fees and legal costs, arising from or related to such claims.

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Copyright Complaints

If you believe that material posted on the Site infringes upon a copyright you own or control, or that any link on the Site directs users to a website containing material that infringes upon your copyright, you may file a notification of infringement with our Designated Agent at the following:

Name of Agent Designated to Receive Notification of Claimed Infringement:
Gun Geeks, LLC

Please provide sufficient detail to identify the material claimed to be infringing, along with appropriate contact information for follow-up.

ATTN: AUSTIN/SAMUEL

Gun Geeks, LLC

Email: contact@gungeeks.com

If you believe that material on the Site infringes upon a copyright you own or control, you may submit a notification with the following information:

1. Identification of the copyrighted work you claim has been infringed, or, if multiple works are involved, a representative list of the copyrighted works.
2. Identification of the material you claim is infringing, including its location on the Site (e.g., a URL or specific description).
3. Your contact information, including your street or mailing address, telephone number, and email address.
4. A statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
5. A statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner’s behalf.
6. Your electronic or physical signature as the copyright owner or as someone authorized to act on the copyright owner’s behalf.

We may notify users of a copyright claim by posting a general notice on the Site, sending an email to the user’s email address on file, or sending written communication via first-class mail to the user’s mailing address on record.

Policy on Repeat Infringement
Gun Geeks, LLC has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, users or account holders who are deemed repeat infringers. Gun Geeks, LLC may also, at its sole discretion, limit access to the Site and/or terminate accounts of any users who infringe upon the intellectual property rights of others, whether or not repeat infringement has occurred.

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Severability

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

Questions and Comments

If you have any questions or comments regarding these Site Terms or your use of the Site or the Services, please submit them to us at contact@GunGeeks.com.