Terms

Effective February 17, 2021

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING, VIEWING, OR INTERACTING WITH THIS WEBSITE IN ANY WAY, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL OF THE POLICIES INCORPORATED HEREIN.

TheBestAirRifle.com and its officers, directors, staff, and agents (referred to herein as “TBRA” or “We,” “Us,” “Our”) provides information and reviews regarding air guns, air rifles, air rifle hunting, and air gun sports generally to adults over the age of 18 through the domain and subdomains of https://thebestairrifle.com and related website applications (collectively, the “Website”) and third party service providers and Internet platforms We use to render the services (collectively, the “Services”). In exchange for conducting market research and giving you our unbiased opinions and comparison tools, we have become a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.

“You,” “Your,” and “Yours” refers to any person over the age of 18 who lands on, views, or interacts in any way with the Website for any purpose and any length of time. NO PERSON UNDER THE AGE OF 18 MAY VIEW, USE OR INTERACT WITH THIS WEBSITE IN ANY WAY AS DESCRIBED UNDER THE TERMS OF OUR PRIVACY POLICY WHICH YOU HEREBY AGREE TO ABIDE BY.

You and/or TBAR may be referred to in this Agreement, individually, as a “Party” and, collectively, as the “Parties.”

Consent to Collect Data Subject to Privacy Policy

You agree that we have Your consent to collect, maintain, and use through Your interaction with the Website or use of Our Services pursuant to the terms of this Agreement and our Privacy Policy, which You agree to and is incorporated by reference here as if set forth in full.

Prohibited Uses

You are prohibited from leasing, selling, copying, sublicensing, transferring, or assigning any information, intellectual property, goods, images, text, content, video, audio, logos, information, or any aspect of Our Services or the Website without Our prior written permission, which We have the right to refuse at Our sole discretion.

You are prohibited from using the Website or Services for any illegal purpose.

You are prohibited from gaining unauthorized access to TBAR’s data or the data of other users or Students or any other person.

You are prohibited from altering, modifying, adapting, reverse engineering, decompiling, disassembling, or hacking TBAR’s intellectual property.

You are prohibited from altering or modifying another website, or setting up any online account on any website, to falsely imply that it is associated with TBAR’s website or staff.

You are prohibited from using or exporting TBAR’s information, products, or services in violation of U.S. export laws and regulations.

You are prohibited from violating anyone else’s legal rights (for example, privacy rights) or any laws (for example, copyright laws) in Your jurisdiction.

You are prohibited from using the Website or TBAR’s services to transmit content that is or could be characterized as unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct.

You are prohibited from breaching, or attempting to breach, the Website’s security systems.

You are prohibited from enabling any third parties to violate the terms of this Agreement including TBAR’s Privacy Policy.

You are prohibited from failing to ensure that all users of the Website are at least 18 years of age or older.

Privacy Policy

You agree to and accept TBAR’s Privacy Policy as published on Our Website and which is incorporated here as if set forth in full. You further agree and acknowledge that this Privacy Policy is an integral part of this Agreement and that You have read it and agree to all of its terms.

Intellectual Property Rights and Conditions of Use

Unless otherwise permitted and consented to by Us in writing, You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

You acknowledge and agree that the Services may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws (“Intellectual Property”). Except as expressly authorized by TBAR, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.

Any use of the Services other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of TBAR, and You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in any such matter. Any rights not expressly granted herein are expressly reserved by TBAR.

Dispute Resolution and Agreement to Arbitrate

Any and all claims, disputes or controversies arising between Us and You related to this Agreement, the Website, or the Services shall be resolved pursuant to the terms of this Agreement and subject to the terms below.

To the fullest extent permitted by law, this Agreement applies to all claims, disputes or controversies, of any kind or nature whatsoever, between TBAR and You or any third party purporting or action on behalf of You, whether the claims are raised by TBAR, You, or third party purporting or action on behalf of You, including but not limited to those arising out of or related to any Services, this Agreement, the Website (collectively, the “Claims”).

Notwithstanding any other provision herein, the Parties agree that any action of any kind commenced based on, arising from, or relating to this Agreement, the Services, or any Claim(s) shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Parties shall attempt to agree on the selection of an arbitrator but, if they cannot agree, shall submit the matter to the Superior Court within the City of Los Angeles to appoint the arbitrator.

The arbitration shall be held in the State of California, City Los Angeles and shall be based on California law, without regard for any conflicts of law. The arbitrator shall limit discovery to the amount necessary, taking into consideration the Parties’ desire to minimize the cost of litigation. The arbitrator shall, at the conclusion of the arbitration make a determination as to which Party is the “prevailing party” and shall award the prevailing party its costs and reasonable attorneys’ fees incurred as a result of and during the course of the arbitration. If a Party is self-represented and is determined to be the prevailing party, the self-represented Party shall receive an award of attorneys’ fees based on the reasonable value of the self-represented Party’s time spent litigating the matter. THE PARTIES AGREE AND DESIRE TO ARBITRATE ANY AND ALL CLAIMS AND KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE THEIR RIGHT TO A COURT AND A JURY TRIAL.

If any provision of this Agreement is held to be invalid or unenforceable, in whole or in part, the remaining provisions of this Agreement shall continue to be valid and are required to be complied with to the fullest extent permitted by law in order to permit the maximum enforceability of this Agreement.

Indemnity and Release

You agree to release, indemnify and hold Us and Our affiliates and officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to Your use of the Website or Services. You also agree to waive, if a California resident, California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If You are a resident of another jurisdiction, You agree to waive any comparable or analogous statute or doctrine to the fullest extent of the law.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SCHOOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE SCHOOL MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SCHOOL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.

IN NO EVENT WILL TBAR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO THE SCHOOL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, THE SUM OF ONE HUNDRED DOLLARS ($100).

TO THE EXENT YOUR JURISDICTION DOES NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

IF ANY PORTION OF THESE LIMITATIONS OR THIS AGREEMENT IS HELD TO BE INVALID UNDER THE LAWS OF YOUR STATE, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS, AND YOU AGREE THAT ANY COURT OR TRIBUNAL HAS THE AUTHORITY TO REFORM THIS AGREEMENT, AS NECESSARY, TO CARRY OUT THE EFFECT OF THE REMAINING PORTIONS.

Term, Termination, and Survival

This Agreement is created between You and TBAR at the moment You begin interacting with the Website or Services. If You are a Website user or visitor, then this Agreement terminates when You leave and are no longer availing Yourself of the Website or Services. If You have requested Services for which payment is required or requested, then this Agreement remains in effect and cannot be cancelled until You have complied with all the requirements of this Agreement, including the agreement to pay for the Services. Any failure to pay for Services resulting in a balance on Your account will accrue interest at the rate of 10% or the maximum legal rate allowed by law, if lower.

Notwithstanding the above or any other provision in this Agreement, and regardless how or when You use the Website or the Services, several obligations in this Agreement survive indefinitely following the termination of this Agreement; this includes Your Agreement to Engage in Electronic Transactions, Cancelation Policy, Cancelations by TBAR, Prohibited Uses, Privacy Policy, Intellectual Property Rights and Conditions of Use, Dispute Resolution and Agreement to Arbitrate, Indemnity and Release, Disclaimer of Warranties, Exclusive Jurisdiction, and Limitations of Actions.

Entire Agreement

The terms of this Agreement and any invoices or registrations submitted as referenced in this Agreement or necessary to receive the Services constitute the entire agreement between You and TBAR and govern Your use of the Services, and supersede any prior agreements or written or oral representations between you and TBAR with respect to the Services or this Agreement. You also may be subject to additional terms and conditions that may apply when You use affiliate or third-party services, third party content or third-party software.

Exclusive Jurisdiction

With respect to any disputes or Claim(s) for which the requirement to arbitrate set forth above is deemed by a court with appropriate jurisdiction to be unenforceable for any reason, You and TBAR agree to submit to the personal and exclusive jurisdiction of the state and federal courts of California, specifically the Los Angeles Superior Court, Stanley Mosk Courthouse, or the United States District Court for the Central District of California State of California, Western Division Courthouse in City of Los Angeles, to resolve any such dispute or Claim(s).

Limitations of Actions

You agree that regardless of any statute or law to the contrary, any disputes or Claim(s) of any kind must be filed and commenced in a manner provided in this Agreement and within one (1) year after such Claim or cause of action arose or be forever barred. You acknowledge and agree that a printed version of this Agreement and of any notice given to You in electronic form shall be admissible in any judicial or administrative or other proceeding, and shall be afforded the same effect shall be subject to the same conditions as other business documents and records generated and maintained in printed form. You are prohibited from assigning any rights, obligations, duties, or provisions in or related to the Agreement to any person or entity without the prior written consent of TBAR.

The section titles in this Agreement are for convenience only and have no inherent legal or contractual effect. Notices to you may be made email or regular mail. The Website or Services may also provide notices to You of changes this Agreement or any other matters by displaying notices or links to notices.