Terms of Use

1. Overview

These Terms of Use ("Terms") are entered into between you and AccuShoot, Inc. ("AccuShoot", "us", or "we"). The Terms govern your access to and use of the AccuShoot website at https://accushoot.com/ and the mobile application called AccuShoot (the "App"), including any content, functionality, and services offered on or through them (collectively, the "Platform").

By using the Platform, you agree to be bound and abide by these Terms. AccuShoot may terminate your ability to use the Platform without notice if you do not comply with the Terms. If you do not agree to these Terms, you must not access or use the Platform.

AccuShoot reserves the right to make changes to the Platform and to the Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of the revised Terms means that you accept and agree to the changes.

All Information AccuShoot collects on the Platform is subject to our Privacy Notice posted at the Platform. By using the Platform, you consent to all actions taken by us with respect to your Information (as defined in the Privacy Notice) in compliance with the Privacy Notice. The Privacy Notice is incorporated into and governed by these Terms. To the extent there is a conflict, the Terms supersede the Privacy Notice.

All Platform Content (as defined below) is current as of the date it is posted on the Platform to the best of AccuShoot's knowledge.

AccuShoot products and technology are protected by patent pending applications in the US and other countries.

2. Eligibility

To access or use the Platform, you must a) be 18 years of age or older, b) not be a convicted felon, and c) be legally permitted to possess and use a firearm. If you are not 18 years of age or older, you must sign up through an account opened by your parent or guardian.

3. Firearm Law and the Four Rules of Gun Safety

Users are responsible for knowing and following all applicable firearm laws and regulations.

You must follow the four rules of gun safety at all times while using the Platform: a) all guns are always loaded, b) never let the muzzle cover anything you are not prepared to destroy, c) keep your finger off the trigger until your sights are on the target, d) be sure of your target and backstop.

4. Intellectual Property

The Platform and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) ("Platform Content") are the property of AccuShoot or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below.

The AccuShoot name and related logos are trademarks and service marks ("Marks") of AccuShoot. AccuShoot's Marks may not be used without advance written permission of AccuShoot, including in connection with any product or service that is not AccuShoot's, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents AccuShoot. Other products or company names mentioned on the Platform may be trademarks or service marks of their respective owners.

If you believe that any content on the Platform violates your intellectual property rights, please notify AccuShoot as described in Section 12.

5. Limited License and Prohibited Use

AccuShoot grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Platform Content. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display, or performance of Platform Content without prior permission of AccuShoot is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Platform Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Mark or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Platform Content.

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree that you will not:

Use the Platform in any way that violates any applicable law or regulation.
Use the Platform for the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way.
Send, knowingly receive, upload, download, use or re-use any material that does not comply with the Terms.
Transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
Impersonate or attempt to impersonate AccuShoot, an AccuShoot employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or that, as determined by AccuShoot, may harm AccuShoot or users of the Platform or expose them to liability.
Use any robot, spider, or other automatic device process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without AccuShoot's prior written consent.
Use any device, software, or routine that interferes with the proper working of the Platform.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Platform.

6. Account Registration

To access portions of the Platform, you may be asked to provide Information about yourself. It is a condition of your use of the Platform that all Information you provide is complete, current, and accurate. AccuShoot can terminate your registration at any time for any reason.

You are responsible for maintaining the confidentiality of your user name and password ("Login Credentials"). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify AccuShoot immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. AccuShoot reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in AccuShoot opinion, you have violated any provision of these Terms.

8. User Contributions

The Platform allows users to post, submit, upload, publish, display, or transmit to other users or other persons ("post") content ("User Contribution") on or through the Platform. This includes posts on the User forum. All User Contributions must comply with these terms and the content standards set out below.

Any User Contribution you post to the Platform or make available on the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the perpetual and non-exclusive license to use, reproduce, display, distribute, exploit in any manner, create derivative works of and otherwise disclose to third parties any User Contributions for any purpose.

Posting User Contributions on or through the Platform will not limit your ability to post or sell your content elsewhere.

You represent and warrant that:

You have the right to grant the license granted above to us and our affiliates and service providers, and each of their licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contribution you submit or contribute, and you, not AccuShoot, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We have the right but not the obligation to moderate, review, and delete any User Contributions.

9. Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

10. LFX System

The LFX System, a proprietary marksmanship training system developed by AccuShoot, may be separately purchased by you or accessed through an authorized facility. The LFX System provides certain features, functionality, and content that integrate with the App. Subject to these Terms, AccuShoot grants you a non-exclusive right to use the App and your Login Credentials in conjunction with the LFX System. Your access to and use of the LFX System are governed by the Licensing Agreement & Terms of Use that accompany the LFX System and are incorporated herein by this reference. Any violation of such Licensing Agreement & Terms of Use will also be deemed a violation of these Terms.

11. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT ALL PRODUCTS AND SERVICES OFFERED ON THIS PLATFORM, USE OF THE PLATFORM, AND TRANSACTIONS RELATED TO THE PLATFORM ARE AT YOUR SOLE RISK. WHILE ACCUSHOOT ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE PLATFORM, THIS PLATFORM IS PROVIDED ON AN "AS-IS" BASIS. ACCUSHOOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS PLATFORM OR ANY OTHER PLATFORM TO WHICH IT IS LINKED.

TO THE EXTENT PERMITTED BY LAW, ACCUSHOOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

12. Limitation of Liability and Acceptance of Risk

YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND YOUR DECISION TO PARTICIPATE IN ANY ACTIVITIES RELATED TO MATERIAL ON THE PLATFORM ARE TAKEN AT YOUR SOLE RISK.

FIREARM USE CAN BE INHERENTLY DANGEROUS AND MAY LEAD TO SERIOUS BODILY INJURY OR DEATH. BY USING THE PLATFORM AND ACCEPTING THESE TERMS OF USE, YOU INDICATE THAT YOU UNDERSTAND AND ACCEPT RISKS ASSOCIATED WITH THE USE OF THIS PLATFORM, INCLUDING ANYTHING RELATED TO FIREARMS.

ACCUSHOOT, ITS DIRECTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM OR ANY PLATFORM FOR WHICH IT PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS IS TO STOP USING THE PLATFORM. FROM TIME TO TIME, ACCUSHOOT MAY RESTRICT YOUR ACCESS TO SOME PARTS OF THE PLATFORM, OR THE ENTIRE PLATFORM, FOR ANY REASON. ACCUSHOOT WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE PLATFORM IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

INFORMATION ACCESSED THROUGH THE PLATFORM OR THROUGHOUT ANY OF ACCUSHOOT'S ASSOCIATED SOCIAL MEDIA PAGES IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.

ACCUSHOOT'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR ITS CONTENT, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED $100.

13. Copyright —Digital Millennium Copyright Act

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.

We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to info@accushoot.com (Subject line: "DMCA Takedown Request").

Our designated copyright agent to receive DMCA Notices can also be reached at:

AccuShoot, Inc. ATTN: Legal Department 4811 SW Research Way, Suite 120 Corvallis, OR 97333.

To be effective, the notification must be in writing and contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may locate it;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Counter-Notice: If you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload or display the content in your User Contribution, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:

your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party, informing that person that AccuShoot may repost the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be reposted, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

We may, at our sole discretion, limit access to the Platform and/or terminate the account of any user who infringes any intellectual property rights of others.

14. Third-Party Content

This Platform may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of AccuShoot. AccuShoot is not responsible for the content or accuracy of any materials provided by any third parties.

15. Links to Other Websites or Applications

AccuShoot may provide links to external websites or applications for the convenience of Platform users. The inclusion of an external link on this Platform does not constitute or imply support or endorsement of any kind. AccuShoot does not control those platforms, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third-party platforms linked to this Platform, you do so entirely at your own risk and subject to the terms of use for such platforms.

16. Indemnification

You agree to defend, indemnify, and hold harmless AccuShoot, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third-party claims, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your content, any use of the Platform Content, and services and products other than as expressly authorized in these Terms.

17. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, PRODUCT, SERVICES, OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to AccuShoot for which monetary damages would not be an adequate remedy, and AccuShoot shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security or prove damages.

19. Waiver and Severability

No waiver by AccuShoot of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of AccuShoot to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

20. Entire Agreement

The Terms and our Privacy Notice constitute the sole and entire agreement between you and AccuShoot with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platform.

21. Term and Termination

These Terms will remain in full force and effect while you use the Platform. Even after you are no longer a user of the Platform, certain provisions of these Terms that by their nature are intended to survive will remain in effect, including Sections 1, 3, 5, 6, and 9–21.

You agree that AccuShoot, in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

22. Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

The laws of the State of Oregon will govern these Terms and any disputes under them, without giving effect to any principles of conflicts of laws.

Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Benton County, Oregon. Any arbitration award may be entered in a court of competent jurisdiction.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

23. Notice Regarding Apple

By downloading the App from a device made by Apple, Inc. ("Apple") or from Apple's App Store, you specifically acknowledge and agree that:

The Terms are between AccuShoot and you; Apple is not a party to the Terms.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the App on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the usage rules set forth in Apple's App Store Terms of Services.
Apple is not responsible for the App or the content on it and has no obligation to furnish any maintenance or support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession or use of the App, including without limitation a) product liability claims, b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and c) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringe such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of such intellectual property infringement claim.
You represent and warrant that a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of the Terms and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary hereof.
AccuShoot expressly authorizes use of the App by multiple users through the Family Sharing or any similar functionality provided by Apple.

24. Communications and Contact Information

AccuShoot may contact you regarding these Terms or the Privacy Notice using any Information you provide or by any other means if you do not provide contact Information. If you no longer wish to receive communications from AccuShoot, you can click on the "unsubscribe link" provided in such communications or contact us at info@accushoot.com.

For all other feedback, comments, requests for technical support, and other communications relating to the Platform, these Terms, and the Privacy Notice, please contact us at info@accushoot.com or by mail at:

AccuShoot, Inc. ATTN: Legal Department 4811 SW Research Way, Suite 120 Corvallis, OR 97333.