Terms of Service

Welcome to LastHub. The LastHub branded and related services are provided by Firearch, LLC. (“LastHub”) through the LastHub Web Site (the “Site” or "Web Site") https://www.lastHub.com and/or https://app.lastHub.com to you (“you” or “User”). This Terms of Service Agreement (“Agreement”) is entered into by and between LastHub and you, and is made effective as of the date of your use of this website or the date of electronic acceptance.

By using this Site, the services available at this Site, and any service, software, application, plug-in, component, functionality, or program created by LastHub (together, the “Services”), you are agreeing to the following terms and conditions of the Agreement, Privacy Policy (“Privacy Policy”) and Cookie Policy ("Cookie Policy”). This Agreement, along with any other policies or guidelines posted on this Site, shall govern your use of this Site and the Services, whether directly or through a third-party site. Please read them carefully before using this Site or the Services.

The terms “we”, “us” or “our” shall refer to LastHub. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

By visiting this Site and/or by completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by this Agreement.

Eligibility

This Web Site is intended for use by adult users. The services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, services are not available to persons who are under the age of 18 or are temporarily or indefinitely suspended from this Web Site. Persons under the age requirement are permitted only to browse the pages of this Web Site that are accessible without registration, but they may not register as users or use the services. Web Site user accounts, user IDs and passwords are personal to each user and may not be transferred, sold to or used by any other person. Without limiting the foregoing, parents and guardians may not register on behalf of their children or permit children to use their accounts. By registering, you certify that you are at least 18 years of age. If you are registering as a business entity, the person who completes the registration represents that he or she has the authority to bind the entity to these Terms.

By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, LastHub finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. LastHub shall not be liable for any loss or damage resulting from LastHub’s reliance on any instruction, notice, document or communication reasonably believed by LastHub to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, LastHub reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

Modification Of Agreement, Site or Services

LastHub may, in its sole and absolute discretion, change or modify this Agreement at any time, and such changes or modifications shall be effective immediately upon posting on the Site. Your use of the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Services. LastHub reserves the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within the Site and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to us. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. It is therefore very important that you keep your Account information current. LastHub assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, LastHub may terminate your use of Services for any violation or breach of any of the terms of this Agreement by you. LastHub RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

Your Registration Obligations

To obtain and use the Services, you will be required to register with LastHub by completing a registration form and designating a user ID and password. When registering with LastHub, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure. You agree to immediately notify LastHub of any unauthorized use of your user ID or password or any other breach of security. LastHub cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

User Content

Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). All content submitted through your Account is consider User Content. By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to LastHub that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

User Submissions

You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate LastHub to treat your User Submissions as confidential or secret, that LastHub has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that LastHub may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

LastHub shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

User Content Other Than User Submissions

To the extent that the Services provide Users an opportunity to retrieve and send inventory, product pricing and order information from User’s marketplace accounts, you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. By registering to use the Services, you understand and acknowledge that LastHub and its contractors retain an irrevocable, royalty-free, worldwide license to use, copy, and publicly display such content for the sole purpose of providing to you the Services for which you have registered. You continue to retain all ownership rights in any User Content you provide and shall remain solely responsible for your conduct, your User Content, and any material or information transmitted to other Users for interaction with other Users. LastHub does not claim any ownership rights in any User Content. LastHub will not disclose any User Content, individually labeled or aggregated, to other users, affiliated entities, or any outside parties, unless required to perform acceptable authorized user activities for authorized Users that authorized your application.

Availability Of Site/Services

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. We shall not be liable for any damages arising from any interruption, suspension, or termination of this Web Site.

Free Trial

The Service Free Trial (“Free Trial”) is an opportunity for you to use the Service free of charge for any specified term, beginning on the date that you accept the Free Trial offer. The Free Trial will expire at the end of the specified trial period, regardless of whether or not you use the Service during the Free Trial period.

We may withdraw or modify the Free Trial, or exchange the Service or offer for a similar service or offer, at any time, in our sole discretion. You will be charged then-current rates for the Service if we determine that you are not eligible for the Free Trial.

Upon expiration of the Free Trial, you will not be charged and the Service will renew into the Free Service plan. However, if you upgrade to a paid plan and provide a future payment method during or at the end of your Free Trial, the Service will automatically renew at its then-current renewal price with no further action from you, until cancelled. You may cancel the Free Trial or the automatic renewal of the Service at any time prior to the end of the Free Trial by visiting your account and selecting the “cancel” link. . If you choose to cancel Free Trial, any content or data you have entered into the service will only be retained for 60 days from the date of cancellation for customers with billing addresses in non-GDPR countries or 30 days from the date of cancellation for customers with billing addresses in GDPR countries.

Residents of certain countries may not be eligible to participate in a Free Trial offer.

Free Service

The Free Service (“Free Service”) is an opportunity for you to use the Service with a limited set of features without cost, beginning on the date that you accept the Free Service offer. The Free Service will not expire and will renew on a monthly basis without charging you.

We may withdraw or modify the Free Service, or exchange the Service or offer for a similar service or offer, at any time, in our sole discretion. You will be charged then-current rates for the Service if we determine that you are not eligible for the Free Service.

Not all features available in the Service are included in the Free Service. Should you choose to add additional features or services to your Free Service, it will convert to a paid plan that will automatically renew at the then-current renewal price with no further action from you, until cancelled. You may cancel the automatic renewal of the Free Service or the converted paid plan at any time by visiting your account and selecting the “cancel” link. If you choose to cancel Free Service, any content or data you have entered into the service will only be retained for 60 days from the date of cancellation for customers with billing addresses in non-GDPR countries or 30 days from the date of cancellation for customers with billing addresses in GDPR countries.

Residents of certain countries may not be eligible to participate in a Free Service offer.

Monitoring Of Content; Account Termination Policy

LastHub generally does not pre-screen User Content. However, LastHub reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. LastHub may remove any item of User Content and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by LastHub in its sole and absolute discretion), at any time and without prior notice. LastHub may also terminate a User’s access to this Site or the Services found at this Site if LastHub has reason to believe the User is a repeat offender. If LastHub terminates your access to this Site or the Services found at this Site, LastHub may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

Discontinued Services; End of Life Policy

LastHub reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although LastHub makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, that product or service will no longer be supported by LastHub, in any way, effective on the EOL date.

Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, LastHub will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by LastHub in its sole and absolute discretion. LastHub may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.

No Liability

LastHub will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

Accuracy

We strive to ensure the accuracy of the information found on this Web Site, neither we, nor our affiliates, licensees, suppliers, or agents, can be held responsible by you for the accuracy of such information. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information provided on this Web Site.

Trademarks; Copyrights and Restrictions

All content on this Web Site is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Firearch or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Firearch. Content on this Web Site or any other site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Firearch or the Providers. You may request consent by emailing us at copyright@firearch.com. Without the prior written consent of Firearch or the Providers, your modification of the content, use of the content on any other site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the Web Site and/or the Provider and is prohibited. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. Firearch retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame, deep-link or otherwise incorporate into another web site any of the content or other materials on this Web Site without prior written consent of Firearch.

Privacy

Any personally identifiable data about you which we collect from you on this Web Site, including without limitation, personally identifiable data about you collected during any registration process as described below, is subject to the privacy policy that is applicable to this Web Site. For more information, please carefully review the applicable privacy policy, which is accessible via a link provided at the bottom of the homepage of this Web Site.

Links

This Web Site may contain links to other Internet Web Sites and online resources. Links on this Web Site to other Web Sites or resources shall not be construed as endorsement, control, review or approval of such other Web Sites by us. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other Web Sites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such Web Site or content. Further, the treatment of user data by the operators of third party Web Sites may be different from our treatment of user data. For details regarding such operators' treatment of data about users, you must review their privacy policies or terms and conditions of use or contact them for this information.

Cookies

We may use cookies and other technologies to facilitate and track your use of services offered on this Web Site and in connection with our e-mail communications. For more information on our use of such technology, please see the cookie policy accessible via a link provided at the bottom of the homepage of this Web Site.

Code of Conduct

You acknowledge and agree that:

Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.

You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by LastHub.

You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.

You will not access LastHub Content or User Content through any technology or means other than through this Site itself, or as LastHub may designate.

You agree to back-up all of your User Content so that you can access and use it when needed. LastHub does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

You will not re-sell or provide the Services for a commercial purpose, including any of LastHub’s related technologies, without LastHub’s express prior written consent.

You will not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any LastHub Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the LastHub Content or the User Content therein.

You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

You are aware that LastHub may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether LastHub asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which LastHub is a party. Message and data rates may apply.

Without limiting any of the rights set forth elsewhere in this Agreement, LastHub expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any LastHub policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by LastHub in its sole and absolute discretion).

While using this Web Site and/or the Site Materials, you agree not to:

  1. Restrict or inhibit any other visitor from using this Web Site, including, without limitation, by means of "hacking," "denial of service" attacks or defacing any portion of this Web Site;
  2. Use this Web Site or the Site Materials for any unlawful or unauthorized purpose;
  3. Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
  4. Promotes, encourages or engages in terrorism, violence against people, animals, or property;
  5. Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
  6. Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
  7. Express or imply that any statements you make are endorsed by us, without our prior written consent;
  8. Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about us, any of our licensees or affiliates, or any third party without the authorization to do so; (c) any trade secret of ours, any of our licensees or affiliates, or any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  9. Engage in spamming or flooding or other unsolicited bulk email, or computer or network hacking or cracking;
  10. Modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile, or disassemble any portion of this Web Site or the Site Materials;
  11. "Frame" or "mirror" any part of this Web Site without our prior written authorization;
  12. Tamper in any way with the software or functionality of this Web Site, including, without limitation, transmitting or posting any software or other materials to this Web Site that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or information;
  13. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of this Web Site or its contents;
  14. Harvest or collect information about visitors to this Web Site without their express consent;
  15. Create a database by systematically downloading and storing all or any of the information on this Web Site;
  16. Make postings of a commercial nature;
  17. Permit others, including those whose accounts were terminated, to access this Web Site through your account, username or password.
Purchases; Fees and Payment; Automatic Renewal

The fees applicable for LastHub service are available at www.LastHub.com and as published within the Services.

Unless specifically agreed upon in writing between User and LastHub at the commencement of a subscription term, at the conclusion of any service term, whether monthly, yearly, or otherwise, LastHub will automatically renew the service for the same term and will charge the user’s credit card or PayPal account on the first day of the renewal term.

Payments for all accounts are due within 30 days of billing date. The last day of the 30-day trial signifies the due date of first payment.

If payment is not received by the end of the given 30 day time period, user’s account will be frozen and inaccessible until all outstanding payments have been processed by LastHub. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 90 days, user’s account will be deactivated and all data will no longer be retrievable.

Price Changes

LastHub reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Auto-Renewal Terms

In order to ensure that you do not experience an interruption or loss of Services, all Services are offered on automatic renewal. Except for reasons described below in this section, automatic renewal automatically renews the applicable Service upon expiration of the then current term for a renewal period equal in time to the most recent service period. For example, if your last service period is for one year, your renewal period will typically be for one year. However, in the event renewal with the Payment Method on file fails, LastHub may attempt to renew the applicable service for a period less than the original subscription period to the extent necessary for the transaction to succeed.

Unless you disable the automatic renewal option, LastHub will automatically renew the applicable Service when it comes up for renewal and will take payment from any Payment Method you have on file with LastHub at LastHub’S then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. If you do not wish for any Service to automatically renew, you may elect to cancel renewal, in which case, your Services will terminate upon expiration of the then current term, unless you manually renew your Services prior to that date (in which case the Services will again be set to automatic renewal). In other words, should you elect to cancel your product and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services, and LastHub shall not be liable to you or any third party regarding the same.

Refund Of Charges; Refund Policy

Except as specifically set forth in this section, all LastHub services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed in accordance with the previous section.

Users on our free 30-day trial may cancel or downgrade their accounts, free of charge, at any time up until 30 days after their account was created. The day of creation constitutes the first day of the 30-day trial.

When paying users cancel their account, they will not be issued refunds for their most recent (or any previous) billing. The single exception to this is NON-TRIAL annual subscribers. Annual subscribers who wish to cancel or downgrade and request a refund may do so within 30 days of the day on which they were charged for their account; in these cases, only a partial refund equivalent to 80% of the annual fee will be returned. Other requests for refunds may be processed at the sole discretion of a LastHub staff member.

All cancellations and downgrades are processed automatically. To cancel or downgrade, please click the link or button that says “Cancel” and follow the instructions.

If you have a question while canceling your account, you must give our email staff adequate time to respond to your message. Delays in our support system do not qualify as a reason to extend your trial period, or excuse canceling after 30 days. Cancellation requests sent via email to support@LastHub.com will not be processed and will be replied to with an automatic response. You must use our form to process your cancellation.

Disclaimers

WE PROVIDE THIS Web Site, THE SITE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH OR IN CONNECTION WITH THIS Web Site ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, AGREEMENT WITH US TO WHICH YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, AGREEMENT WITH US TO WHICH YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THIS Web Site OR THE SITE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS Web Site (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR RELATED SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THIS Web Site, AND ALL CHARGES RELATED THERETO. NO OPINION, ADVICE, OR STATEMENT OF US OR OUR AFFILIATES, LICENSEES, SUPPLIERS, AGENTS, OR VISITORS, WHETHER MADE ON THIS Web Site, IN THE SITE MATERIALS, OR OTHERWISE, SHALL CREATE ANY WARRANTY, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, AGREEMENT WITH US TO WHICH YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. YOUR USE OF THIS Web Site IS ENTIRELY AT YOUR OWN RISK.

Conflicts

In the event a conflict arises between any information posted on this Web Site, this Agreement, and/or any contract you have with us, the terms of your contract with us will prevail over this Agreement and the information posted on this Web Site, and this Agreement will prevail over information posted on this Web Site.

Limitation of Liability

AS A CONDITION OF YOUR USE OF THIS Web Site, YOU AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES, LICENSEES, SUPPLIERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, LOST DATA, INTERRUPTED COMMUNICATIONS, DAMAGES, EXPENSE, OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE ARISING IN CONNECTION WITH:

THE USE OF THIS Web Site, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING OR ARISING FROM YOUR RELIANCE ON THIS Web Site OR ANY INFORMATION OR MATERIALS FOUND ON THIS Web Site OR HYPERLINKED FROM THIS Web Site, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, EAVESDROPPING BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THIS Web Site; GOVERNMENT RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, POWER FAILURES, LARGE INCREASES IN ON-LINE ACTIVITY IN A SHORT PERIOD OF TIME (USAGE SPIKES), VIRUSES, CATASTROPHIC HARDWARE FAILURES, ATTACKS ON OUR SERVERS, FIRES, EARTHQUAKES, FLOODS, UNUSUALLY SEVERE WEATHER, OR ANY OTHER CONDITION BEYOND OUR REASONABLE CONTROL LIMITING, PREVENTING OR OTHERWISE AFFECTING EITHER YOUR ACCESS TO OR USE OF THIS Web Site OR SITE MATERIALS OR OUR ABILITY TO PROVIDE PRODUCTS OR SERVICES IN CONNECTION WITH, OR RESERVED OR ORDERED THROUGH, THIS Web Site; OR LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THIS Web Site, OR INTERCEPTION OF ANY SUCH INFORMATION BY UNAUTHORIZED THIRD PARTIES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS Web Site AND/OR SITE MATERIALS CONTAINED WITHIN THIS Web Site IS TO STOP USING THIS Web Site AND/OR SITE MATERIALS, AS APPLICABLE.

Indemnification

Without limiting the generality or effect of other provisions of this Agreement, you agree to indemnify, hold harmless, and defend us, our affiliates, licensees, subcontractors, and agents, and each of our or their officers, directors, and employees, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach or alleged breach of this Agreement, including any violation of the Code of Conduct above; and (b) your use of this Web Site and engagement in transactions on this Web Site including, but not limited to, use of the Site Materials.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this Web Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Web Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.

Notices and counter-notices with respect to this Web Site should be sent to

  • By Mail:
  • Firearch, LLC
  • Attn: DMCA Officer
  • 1332 Teasley Ln
  • Suite 248
  • Denton TX 76205
  • USA

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Void Where Prohibited

Although this Web Site is accessible worldwide, not all products or services discussed or referenced in this Web Site are available to all persons or in all geographic locations or jurisdictions. In addition, restrictions may apply to use of products or services obtained in one jurisdiction in other jurisdictions. Those who choose to access this Web Site do so on their own initiative and at their own risk, and are responsible for compliance with their local laws, if and to the extent such local laws are applicable. You may not use or export the Site Materials or products and services available through this Web Site in violation of applicable export laws and regulations. We, and our affiliates, licensees, suppliers and agents, reserve the right to limit the availability of this Web Site and/or the provision of any product or service to any person, geographic area or jurisdiction we or they so desire, at any time and in our or their sole discretion.

Jurisdiction

Unless otherwise specified, the content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by Firearch from its offices in Fort Worth, TX. Those who choose to access this Web Site from locations outside the United States and Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of Texas, as they are applied to agreements entered into and to be performed entirely within Texas. Subject to the following paragraph on arbitration, any action you, any third party or Firearch, brings in a court of law or equity in connection with any matters related to this Web Site, shall be brought only in either the state or Federal courts located in Texas, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Arbitration

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, or your use of the Web Site, other than a controversy or claim relating to the validity or enforcement of intellectual property rights, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in Dallas, Texas. Neither party nor the arbitrators(s) may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Other General Provisions

We reserve the right to immediately terminate your access to and use of this Web Site or any portion thereof, or to eliminate any content, feature or service of this Web Site, at any time and for any reason, with or without cause. Headings found in this Agreement are for reference only. A party's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and us regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice shall act to modify any provision of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of this Agreement, which shall remain in full force and effect. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent.

Entire Agreement

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between Firearch, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting Us

If you have any questions about these Terms of Service, please contact us at:

  • Firearch, LLC
  • 1332 Teasley Ln
  • Suite 248
  • Denton TX 76205
  • USA
  • Email: sem@firearch.com

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Firearch, LLC

This document was last updated on November 3, 2022