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MYLOCALGUNSHOP.COM TERMS OF USE AGREEMENT
AFLY, LLC COMPANY WELCOMES YOU TO MYLOCALGUNSHOP.COM. WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE (AGREEMENT). BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
I. USE OF SITE
1.1 This website is provided solely for the purpose of providing a marketplace connecting lawful customers with licensed local gun shops. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate:
i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
ii. any advertisement, solicitation, spam, chain letter, or other similar type of information;
iii. any encouragement of illegal activity;
iv. unauthorized use or disclosure of private, personally identifiable information of others; or
v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
II. Compliance with Laws
2.1 You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
III. Site Contents and Ownership
3.1 The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (Materials) are the property of AFLY, LLC, or its affiliates, associates, grantors, grantees, or advertisers and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. AFLY, LLC does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
IV. Disclaimer of Warranty
4.1 You expressly agree that use of this website is at your sole risk. Neither AFLY, LLC, its Advertisers, affiliates, nor any of its or their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials. 4.2 The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, AFLY, LLC does not warrant reliability of any statement or other information displayed or distributed through the site. AFLY, LLC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. AFLY, LLC, or its Advertisers may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice. 4.3 THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,WHERE IS,” AND “WHERE AVAILABLE” BASIS. AFLY, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AFLY, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
V. Limitation of Liabilities
5.1 YOU AGREE THAT AFLY, LLC AND ITS ADVERTISERS AND PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL AFLY, LLC OR ANY OF ITS ADVERTISERS OR PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER AFLY, LLC OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 5.2 AFLY, LLC MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
VI. Relationship of the Parties
6.1 Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
VII. Indemnification
7.1 You agree to indemnify, defend, and hold harmless AFLY, LLC, its Members, shareholders, officer, advertisers, affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
VIII. Privacy Policy
8.1 AFLY LLC may collect minimal data to be used in the aggregate to improve its service delivery, including the use of "cookies" and other similar technologies.
IX. Limitations on Claims
9.1 Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
X. Term and Termination
10.1 Without limiting its other remedies, AFLY, LLC may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.
XI. Hyperlink Disclaimers
11.1 As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by AFLY, LLC. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by AFLY, LLC. AFLY, LLC does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by AFLY, LLC. Links do not imply that AFLY, LLC or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of AFLY, LLC or any of its affiliates or subsidiaries. Except for links to information authored by AFLY, LLC, AFLY, LLC is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. AFLY, LLC reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
XII. Controlling Law, Jurisdiction, and International Users
12.1 This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. AFLY, LLC makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Ingham County Michigan for any disputes with AFLY, LLC arising out of your use of this site.
XIII. Alternative Dispute Resolution
13.1 Any controversy or claim arising out of or relating to this contract or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules then in effect. Those rules are deemed to be incorporated by reference into this section. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration or mediation will take place on an individual basis. By agreeing to these terms, the parties are waiving the right to a trial by jury or to participate in a class action lawsuit.
XIV. Entire Agreement
14.1 This Agreement constitutes the entire agreement between AFLY, LLC and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and AFLY, LLC with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
XV. Modifications to Agreement
15.1 We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. AFLY, LLC does not and will not assume any obligation to notify you of changes to this Agreement.
XVI. Electronic Communications and Electronic Signatures
16.1 You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from AFLY, LLC solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.